TaxTMI 
TaxTMI 
2007 (11) TMI 132
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....ord to come to a conclusion that the FOB price determined by learned Adjudicating Authority in the De Novo Proceeding can appropriately be held to be Rs. 44.82 per piece. According to him, nothing can be inferred without the basic evidence being available on record. He also submitted that penalty of Rs. 8.00 lakh (Rupees eight lakh) imposed on the Appellant was unwarranted with no gravity of the case nor also finding any intention of subterfuge on part of the Appellant. Briefly the facts according to him, are that only after the export was made, the Department made out a case against the Appellant by issuing a show cause notice dated 2-1-02 basing on which an Order-in-Original dated 29-9-03 was passed by the Commissioner of Customs (Port), ....
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....as proposed by the Revenue through corrigendum notice. 1.3 When the purchase price of Rs. 48.03 per piece remained uncontroverted as stated at page 2 of the De Novo Order and without any cogent evidence that also remained unassailed, determination of exportable price at Rs. 44.82 per piece was inconceivable. The Appellant submitted that different lots of goods were purchased and such purchase gave rise to the average price declared by the Appellant fairly for export. Such an averaging was also not disputed by Revenue at any stage. Considering the entire aforesaid facts, the Tribunal came to the conclusion by the Order dated 15-7-04 that there was a lack of appreciation of the evidences by the authorit....
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....der after considering all the evidences given by the appellant-company. The appeal is thus allowed by way of remand." 1.4 In view of the circumstances stated above, learned Counsel submitted that an order which approved the basic procurement price of Rs. 48.83 is sufficient enough to hold that lot of goods cannot be exported at Rs. 44.82 per piece, when no exporter would prefer to suffer the loss. He also further submitted that when the entire costing coupled with the relevant evidences were produced be fore the authorities below, those should have been considered carefully. The authorities' conclusion that payment of Rs. 48,46,820.00 (Rupees Forty-eight lakh forty-six thousand eight hundred and twent....
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....s leads to the conclusion that no exporter shall prefer to loss accepting the price of Rs. 44.82 conceived by revenue. (ii) The fact that different lots were purchased from different concerns was not controverted bringing any cogent evidence by the Revenue to the effect that the goods did not command the price declared by the Appellant. (iii) The report received from the Excise Authorities of Erode Division, Coimbatore was not confronted to the Appellant for rebuttal when the price of the exported goods was estimated by Revenue to be Rs. 24.00 per piece. (iv) The investigation appears to have been made after the shipment was done on 3- 11-2000 and enquiry was behind back of Appellant. (v) Two show cause notices were issued for no reason exp....