Proforma Invoices Can’t Replace Negotiated Commercial Invoices: CESTAT Delhi

Saurabh Kapoor Vs Principal Commissioner of Customs (CESTAT Delhi) Proforma Invoices couldn’t replace commercial invoices prepared after negotiation and accepted by Customs Conclusion: Proforma invoices could not replace commercial invoices prepared after negotiation and accepted by customs. Statement recorded under section 108 of the Customs Act could not be relied upon since the mandatory procedure under section 138B was not followed and the alleged proforma invoices were not duly proved or corroborated with evidence. Consequently, the finding of under-valuation and the resultant confi...