Case Law Details
Prakash Ghosh Vs Commissioner of Customs (CESTAT Kolkata)
CESTAT Kolkata held that duty demand alleging overvaluation cannot be sustained as authority didn’t considered details of Bank Realisation Certificate (BRC) which establishes full realization of value of export invoices from overseas importer.
Facts- The Appellant has exported 12 consignments of synthetic fabrics during the period December 2009 and February 2010. For these consignments, the Appellants have utilized the benefit of DEPB Scheme granted under FTP. The exports of the Appellant to Bangladesh were required to be certified by certifying Agency SGS India Pvt. Ltd.
It was alleged that the value shown in the invoice submitted to SGS, was much lesser than the values as shown in the ultimate 12 Invoices and Bill of Exports used by the the Appellant. Show Cause Notice was issued on the ground that the value of the 12 consignments was Rs 19,55,487/- as per the Report of SGS, whereas the Appellant has shown the value at Rs.6,62,01,312/- in the Invoices and Bill of Exports to gain undue excess benefit of DEPB Licence.
After due process, the Adjudicating Authority confirmed the demands and penalties. Being aggrieved, the Appellants are before the Tribunal.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
