https://www.taxtmi.com/caselaws?id=51349 A mere difference between purchase price and export price was insufficient to establish that toothpaste consignments were overvalued. The department had no supporting material to prove that the declared export value was inflated, and the finding rested on subjective assumption rather than acceptable evidence. A higher export price or other commercial explanation could not be excluded on the record. The decision reaffirmed that the burden lay on the department to substantiate its allegation by evidence, and a valuation based only on an officer's personal view of what price difference was acceptable was arbitrary. The finding of overvaluation and the penalty were set aside as unsustainable. en-us Tue, 24 Sep 2002 00:00:00 +0530 Fri, 24 Sep 2010 12:30:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51349 A mere difference between purchase price and export price was insufficient to establish that toothpaste consignments were overvalued. The department had no supporting material to prove that the declared export value was inflated, and the finding rested on subjective assumption rather than acceptable evidence. A higher export price or other commercial explanation could not be excluded on the record. The decision reaffirmed that the burden lay on the department to substantiate its allegation by evidence, and a valuation based only on an officer's personal view of what price difference was acceptable was arbitrary. The finding of overvaluation and the penalty were set aside as unsustainable. Case-Laws Customs Tue, 24 Sep 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51349