2025 (10) TMI 501

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....ssed by the Additional Commissioner and rejected the appellant's appeal. The Additional Commissioner had passed the order in pursuance of the show cause notice dated 14.12.2017 issued by the Directorate General of Revenue Intelligence [DRI]. 2. We have heard learned counsel for the appellant and learned authorised representative for the revenue and perused the records. 3. The facts of the case are that the appellant had filed eight Shipping Bills dated 12.06.2017 to export garments under claim of drawback. Suspecting the goods to be overvalued to fraudulently avail drawback at higher rate by the appellant, the exports were put on hold by the officers of the Inland Container Depot, [ICD] Tughlakabad, New Delhi. 4. The declared value....

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....FOB is one of the INCOTERMS- which are used in international commerce. These terms decide the costs, risks and liabilities of the buyer and the seller in any transaction. If goods are sold on FOB basis, the seller is responsible until the goods are put on Board the vessel or aircraft. All costs and risks thereafter are on the buyer's account. 7. Similarly if the goods are sold on C & F basis, the seller shall, in addition to the FOB value, be also responsible for the freight of the goods up to the destination. If goods are sold on CIF basis, the seller's responsibilities will also include the transit insurance. In other words, the cost of the goods, the freight and transit insurance upto destination are on the seller's account. 8. Thu....

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.... the proper officer. In M/s Kritika Enterprises Vs. Commissioner of Customs (Appeals) Final Order No. 50472/2025 dated 09.04.2024 also this view was taken. 12. The next question is of the liability of the export goods to confiscation. Section 113(i) reads as follows: "The following export goods shall be liable to confiscation: **** (i) any goods entered for exportation which do not correspond in respect of value or in any material particular with the entry made under this Act or in the case of baggage with the declaration made under section 77; ****" 13. From the above, it is clear that if the goods do not correspond in value or in any other particular with the entry made under the Act, they will be....