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of <h1>Tribunal Upholds Manufacturer's FOB Values in Export Case, Rejects Customs Act Penalties</h1> <h3>AJAY APPARELS Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA</h3> AJAY APPARELS Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA - 2006 (204) E.L.T. 131 (Tri. - Kolkata) Issues: Alleged fraudulent declaration of FOB values for exports, eligibility of duty drawback, confiscation liability under Customs Act, penalty imposition under Customs Act.Analysis:1. The appellant, a manufacturer and exporter of readymade garments, exported goods under claim for drawback based on all industry drawback rates. Allegations were made regarding the inflated FOB values declared for the exports, leading to a notice proposing re-fixing the valuation and redetermining the drawback eligibility based on investigations into the discrepancy between declared values to Dubai Customs and Indian Customs. The notice sought duty drawback recovery, confiscation of goods, and penalties on the exporters and proprietor.2. The investigations revealed discrepancies in declared unit prices and PMV of the exported garments. Allegations included the exporter signing different versions of invoices and possessing documents related to the foreign buyer. The notice proposed duty drawback recovery, confiscation of goods, and penalties under relevant Customs Act sections.3. The appellant argued that the claimed drawback was not in violation of Customs Act Section 76, as the declared FOB values aligned with procurement and retail prices. They demonstrated that prices for exports to different buyers were similar, indicating no specific reason for inflating FOB values. The Tribunal found no grounds to abandon declared FOB values, especially when values for similar goods to other buyers were not disputed.4. The Tribunal concluded that since the FOB values were correct and bank realizations were received, there was no basis for recovering the sanctioned drawback amounts. Upholding the Commissioner's order to refix drawback and order recovery was deemed unjustified under Customs and Central Excise Duties Drawback Rules.5. With the correct FOB values established and no applicability of Section 76 bar, the confiscation liability of the exported goods under the Customs Act Section 113(i) was not upheld.6. As confiscation liability was dismissed, the penalty imposed under Section 114(iii) of the Customs Act on the appellant exporter firm was also not upheld.7. The Tribunal, after considering the findings and waiver of pre-deposit, disposed of the appeal, finding no reason to sustain the original order.
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