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2007 (2) TMI 4 - SC - CustomsEXIM DEPB credit Alleged that appellant have show inflated export price with intent to avail higher DEPB benefit Adjudicating authority after not finding any supportive evidence decision made in favour of appellant.
Issues involved:
Challenge to final order of Customs, Excise & Gold (Control) Appellate Tribunal allowing appeal by the assessee against mis-declaration of export price for Duty Entitlement Pass Book (DEPB) Benefit. Analysis: 1. The assessee exported coffee mugs at a declared FOB price of US $3.40 per piece, eligible for DEPB Benefit. The Department alleged mis-declaration to inflate price for more benefit. Assistant Commissioner held declared price of &8377; 157/- per piece as mis-declaration, ordering confiscation and penalty under Customs Act. 2. Commissioner (Appeals) upheld the order, limiting benefits to those granted by the adjudicating authority. Tribunal set aside lower authorities' orders, allowing the appeal. Revenue challenged Tribunal's decision, arguing inflated price for DEPB credit undeservedly. 3. Revenue contended vast variation between domestic price of &8377; 35/- per piece and declared FOB value of &8377; 157/- per piece, indicating inflated price. Cited lack of consideration of evidence on record and precedent case law. 4. Assessee's counsel argued DEPB benefit based on FOB value, supported by evidence like S/Bs, Invoices, Bills of Lading, etc. Claimed no dispute on received FOB price, refuting inflated pricing allegation. Tribunal's findings supported genuine export price declaration. 5. Court considered contentions and evidence. Found no concrete evidence supporting Revenue's claim of inflated FOB price. Accepted Tribunal's findings that FOB price was correctly shown by the assessee, supported by BRCs. Upheld Tribunal's decision on market value and rejected Revenue's contentions. 6. Court distinguished the case from precedent regarding draw-back scheme, as present case related to DEPB credit. Found no basis to consider FOB price inflated. Dismissed appeal, stating no merits. No costs awarded. This detailed analysis covers the legal judgment involving the challenge to mis-declaration of export price for DEPB Benefit, highlighting the arguments, evidence, and final decision of the Supreme Court.
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