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The CESTAT set aside the impugned order confirming customs duty demands against the appellants for alleged undervaluation through inflated freight invoices in related party transactions. The Tribunal found the adjudicating authority erred by relying solely on cost sheets from the related shipping line without addressing the appellants' demonstrated practice of selecting lowest freight quotations from multiple shipping lines. No independent evidence established inflated freight charges or intent to evade duty. The report by the accounting firm, prepared under statutory obligations and affirming arm's length transactions, was held credible and could not be disregarded without contrary proof. Payments made during investigation were deemed under protest and subject to adjustment. Consequently, the Tribunal allowed the appeal, rejecting the allegation of duty short payment and quashing the confirmed demands.
The CESTAT set aside the impugned order confirming customs duty demands against the appellants for alleged undervaluation through inflated freight invoices in related party transactions. The Tribunal found the adjudicating authority erred by relying solely on cost sheets from the related shipping line without addressing the appellants' demonstrated practice of selecting lowest freight quotations from multiple shipping lines. No independent evidence established inflated freight charges or intent to evade duty. The report by the accounting firm, prepared under statutory obligations and affirming arm's length transactions, was held credible and could not be disregarded without contrary proof. Payments made during investigation were deemed under protest and subject to adjustment. Consequently, the Tribunal allowed the appeal, rejecting the allegation of duty short payment and quashing the confirmed demands.
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