2006 (2) TMI 462

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....ode 89 of the DEPB schedule. The Shipping Bills were referred to SIB from Group VII for verification of value as it was suspected that the invoice submitted along with the Shipping Bills did not represent the correct FOB value. The Revenue has got the goods tested at M/s. South India Textile Research Association (SITRA), Coimbatore. In their report, they have stated that the cost of manufacturing the said garments would not exceed Rs. 40/-CIU, Coimbatore also informed that this value was on the basis of market survey. The statement of Shri Sanjay Babu, Manager of M/s. Abhishek Exports, was also recorded. After due enquiries and investigations, the appellants were proceeded against for revocation of the FOB value of the goods covered by the ....

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....declared by the noticee. He further refers to ruling of the Bombay Tribunal in the case of Sir Kasturchand Pvt. Ltd. v. CC (Export Promotion), Mumbai - 2001 (131) E.L.T. 269 (T) = 2001 (43) RLT 638 (CEGAT-Mum.) wherein it has been held that declared FOB value is required to be accepted for purposes of drawback and further held that over valuation had not been established by the Revenue. He refers to another order of the Tribunal in Time Masters v. CC (Exports), Mumbai - 2000 (124) E.L.T. 882 (T)=2000 (38) RLT 332 (CEGAT) wherein also the enhancement of value has been set aside on the ground that Revenue did not bring any material or evidence of over valuation. He contends that the SITRA cannot fix valuation of the goods and the main purpose....