Customs Officer not empowered to re-determine FOB Value of goods: CESTAT Delhi

Kritika Enterprises Vs Commissioner of Customs (Appeals) (CESTAT Delhi)  CESTAT Delhi held that no stranger to the contract of sale including the Customs officer has any right to re-determine the FOB value. The Customs Act and Rules cannot be applied to re-determine the FOB value. Accordingly, appeal allowed and order set aside. Facts- The appellant filed Shipping Bill dated 22.12.2018 to export Oil Filters declaring Free on Board (FOB) value of Rs.1,36,75,185/-. It paid IGST of Rs. 24,61,534/- and did not claim any rebate of State levies, but claimed Merchandise Exports Incentive Scheme (MEI...