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Customs Broker avoids penalty as Adjudicating Authority fails to justify doubts about goods' declared value u/r 8(1).
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....Imposition of penalty u/s 114 of the Customs Act, 1962 on Customs Broker - undervaluation - in the guise of re-determination of value of goods, the Adjudicating Authority has not given any justifiable reasons except adopting the valuation in terms of Rule 6 ibid. after rejecting the FOB value in terms of Rule 8(1) ibid. Rule 8 authorizes the proper officer to reject the declared value when he has the reason to doubt the truth or accuracy of the same and from a reading of the Adjudication Order, there are no reasons brought on record as to the doubts about the truth or accuracy of the value declared in relation to the export of goods. - No penalty on Customs Broker - AT....