CESTAT allowed the appeal, set aside the impugned order and held...

CESTAT allowed the appeal, set aside the impugned order and held that the goods are not liable to absolute confiscation. The Tribunal found no admissible evidence of an attempt to export; reliance on a retracted, uncorroborated statement to re-determine transaction value was contrary to the Customs Valuation (Determination of Value of Export Goods) Rules, 2007 and s.14 of the Customs Act, 1962. Consequently the confiscation under s.113 could not be sustained and the imposition of penalty under s.114(i) on the proprietor was held inapplicable. The appeal was therefore allowed and the impugned order set aside in its entirety.

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