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Declared export transaction value cannot be rejected merely on...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermissible.
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Declared export transaction value cannot be rejected merely on parallel or pro-forma invoices unrelated to the disputed consignment. Rejection requires contemporaneous prices of identical goods, market inquiry, or cogent evidence of manipulation such as financial flow-back from the foreign buyer. As no such evidence established overvaluation, the declared value was accepted and redemption fine was set aside because the goods had already been exported. Penalties on both a partnership firm and its partner for the same infraction amount to impermissible double punishment, since the firm is not distinct from its partners for this purpose. The original penalty on the firm was retained for past parallel invoices, while enhanced penalties and all partner penalties were removed.
Declared export transaction value cannot be rejected merely on parallel or pro-forma invoices unrelated to the disputed consignment. Rejection requires contemporaneous prices of identical goods, market inquiry, or cogent evidence of manipulation such as financial flow-back from the foreign buyer. As no such evidence established overvaluation, the declared value was accepted and redemption fine was set aside because the goods had already been exported. Penalties on both a partnership firm and its partner for the same infraction amount to impermissible double punishment, since the firm is not distinct from its partners for this purpose. The original penalty on the firm was retained for past parallel invoices, while enhanced penalties and all partner penalties were removed.
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