https://www.taxtmi.com/caselaws?id=856 Drawback cannot be denied on a mere allegation of overvaluation unless the Revenue proves false declaration with reliable, comparable evidence. The Tribunal found that the goods exported from Mumbai were not shown to be identical to the Madras samples relied on by the department, and that market quotations and foreign customs papers did not establish actual market value or falsity of the declared FOB value. Realisation of sale proceeds through banking channels also supported the export declaration. It further noted that no legal requirement was shown for proof of offloading abroad, and the absence of cancellation of the let export order weakened the recovery, confiscation and penalty proceedings. The proceedings were therefore unsustainable. en-us Tue, 19 Sep 2006 00:00:00 +0530 Sun, 13 Apr 2008 18:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=856 Drawback cannot be denied on a mere allegation of overvaluation unless the Revenue proves false declaration with reliable, comparable evidence. The Tribunal found that the goods exported from Mumbai were not shown to be identical to the Madras samples relied on by the department, and that market quotations and foreign customs papers did not establish actual market value or falsity of the declared FOB value. Realisation of sale proceeds through banking channels also supported the export declaration. It further noted that no legal requirement was shown for proof of offloading abroad, and the absence of cancellation of the let export order weakened the recovery, confiscation and penalty proceedings. The proceedings were therefore unsustainable. Case-Laws Customs Tue, 19 Sep 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=856