9911796707
TMI Blog2002 (11) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... laim of Rs. 23,82,400/-. The value declared as per the sets of Gasket was Rs. 167.37 and drawback claim of it is Rs. 27.62 per set. The Revenue has disputed the value of the said goods and alleged that the goods in question were over invoiced. The said allegations are based upon the following evidences produced by the Revenue :- (i) A cash memo dated 30-3-2000 of one M/s. Dewang Automobiles showing the value of the Gasket stating as Rs. 1.60 per set; (ii) Calculation of cost of the Gasket sets arrived at on the basis of purchase of cork sheet from M/s. Dharmesh Enterprises; (iii) The earlier adjudication order by the Commissioner of Customs wherein the value of Gaskets was accepted as Rs. 80/- for the purposes of drawba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same cannot be compared with each other without comparing quality or the technical aspects of the two types. Shri Mehta also submits that the export between the appellants and the foreign buyers was at arm's length and the goods were exported in the usual course of business where the price was the sole consideration and they have also received the entire consideration of the same from their foreign buyers. 5. As regards the second piece of evidence, Shri Mehta submits that the Customs Authorities have arrived at the value of the goods on the basis of value of cork sheets purchased from the market. He submits that this system of valuation is not authorised and the value of the final product does not always depend upon the value of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich has to be used in high speed jet engines cannot be compared with the value of the simplicitor type of a Gasket to be used in water pump etc. As regards the valuation arrived at on the basis of sheet of cork, the same reasoning applies and it cannot be said at all a cork sheet of size is 3 x 2 can produce 40 sets of Gaskets and as such the prices on the said basis would be on the lower side. We also note of the fact that the appellants' buyer is a Government Company of USSR and have also remitted the entire consideration of the goods in question. The draw back required the adoption of the market value of like goods. In the absence of any evidence to show the lower market value of identical type of goods, the evidences produced by the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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