9911796707
TMI Blog2000 (8) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... f Men's Exclusive Woven Trousers. The value per piece declared in the export document under claim for drawback was Rs. 168.89. The Customs conducted an investigation on the suspicion of over-valuation. The Customs were of the opinion that similar garments were avilable for Rs. 100/-. The statement of the proprietor of the exporter unit was recorded. He was asked about the costing of the trousers. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt price of this trouser would work out to Rs. 88/-. Shri Ashar agreed to this theory but persisted that his cost was Rs. 112/- per trouser. He concluded his statement in the following sentence :"I also agree for the payment of drawback on agreed value." 2. Shri Ashar having waived the show cause notice, the case was heard by the Commissioner. The Commissioner in the findings held that the goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax on the export income, receiving incentives in the form of advance licence or receiving compensation such as drawback. On the other hand, the remittance is received to the extent shown on the export document. The Government itself has permitted over-invoicing to certain extent in certain circumstances. There is a scheme called Duty Exemption Pass Book Scheme. The concept of present market v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Departmental enquiries itself, 35% is the margin of profit alleged in terms of the question put forth to the exporter in the statement dated 25-11-1997. At all times, the exporter has claimed that the cost of material is about Rs. 108. We do not find that the CHA would be an expert in the valuation of trousers. In view of the differences pointed out by the exporter between his products and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
