Commissioner Of Customs Kolkata vs M/S. Peerless Consultancy Services ...

The Supreme Court upheld the decision of the Customs Excise and Gold (Control) Appellate Tribunal, which found that the guidelines in circular No.69/97-CUS were not violated as the declared Present Market Value (PMV) was within permissible limits. The Court emphasized that the burden of proof lies with the authorities to establish misdeclaration under Section 113(d) of the Customs Act, 1962. The appeal was dismissed, affirming the Tribunal's ruling that the respondent did not engage in over-invoicing to avail undue benefits under the Duty Entitlement Pass Book scheme.