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TMI Blog2020 (4) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... e and that settled law holds that the market inquiry in India is not a valid substitute for a market inquiry in the country of destination - HELD THAT:- Even though the factum of goods being other than declared is not in dispute nothing has been brought to evidence that this was deliberate act. It is limited to a small portion of the consignment. Also, the consequence of misdeclaration is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicating authority has been modified to limit the penalty in relation to only, one out of six shipping bills filed under claim for drawback for export of ready-made garments to Dubai that were proceeded against. Besides restricting the drawback sanctioned to the reassessed value, the declared value was discarded and assessable value re-determined under rule 8 of Customs Valuation (Determi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 6,00,000/- and penalty to ₹ 3,00,000/-. 3. Learned Counsel for the appellant contests the redetermination of value with the claim the export proceeds were realized in accord with the original declaration and the mandate of section 14 of Customs Act, 1962 does not permit recourse to Rules without discarding this irrefutable evidence of transaction value. Reliance was placed on the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and that there has been no denial that goods were other than as described in the shipping bill. Furthermore, he cited the decision of the Hon ble High Court of Madras, affirming the decision of the Tribunal, in P. Bhaskar Naidu v. CESTAT, Chennai, [2018 (362) E.L.T. 70 (Mad.)]. According to him, no penalty can be too harsh to counter such activities even if export proceeds were realized in f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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