https://www.taxtmi.com/caselaws?id=913 Declared FOB value for exported garments could not be rejected where comparable export prices for similar goods supported the declared value and the foreign customs documents relied on were not conclusive proof of misdeclaration. On that basis, drawback refixation and recovery could not be sustained. With no valid basis to displace the FOB declaration, confiscation of the exported goods also failed because the predicate for invoking the Customs Act provision was absent. Penalty on the exporter likewise fell away, as it rested on the same unproved allegation of undervaluation and confiscability. The Commissioner's order was therefore set aside and consequential relief granted. en-us Mon, 10 Jul 2006 00:00:00 +0530 Sun, 13 Apr 2008 18:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=913 Declared FOB value for exported garments could not be rejected where comparable export prices for similar goods supported the declared value and the foreign customs documents relied on were not conclusive proof of misdeclaration. On that basis, drawback refixation and recovery could not be sustained. With no valid basis to displace the FOB declaration, confiscation of the exported goods also failed because the predicate for invoking the Customs Act provision was absent. Penalty on the exporter likewise fell away, as it rested on the same unproved allegation of undervaluation and confiscability. The Commissioner's order was therefore set aside and consequential relief granted. Case-Laws Customs Mon, 10 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=913