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In this detailed judgement by the Appellate CESTAT, Mumbai, Citation: 2008 (3) TMI 685 - CESTAT, Mumbai, the REPRESENTATIVE, Shri V.M. Doiphode, presented the case against the watches valued at Rs. 3,96,30,500/-, mis-declared by M/s Dicen Industries, covered under S/Bill Nos. 3696329, 3696329, 3696331, 3696333, 3696335, 3696546, 3696547 (all dated 3-9-2005) under Sections 113(d) and (i) of the Customs Act, 1962. The Department alleged that the applicants intended to claim DEPB benefit by over-invoicing the watches. However, the watches were cleared at the same price as declared in the export invoice and shipping bills. The market enquiry report was deemed inaccurate, and the PMV was same as declared in the ARE-1. The Board's Circular No. 69/97-Cus. and Circular No. 27/2000-Cus. supported the applicants' case. It was noted that an amount of Rs. 12,60,000/- approx. was legitimately due to the applicants as DEPB benefit and not under dispute. The judgement concluded by dispensing with the pre-deposit of the penalty of Rs. 10,00,000/- imposed on the applicants and staying recovery pending disposal of the appeal.
The summary should be thorough and detailed, and cover all relevant issues comprehensively. The judgement is based on the mis-declaration of watches and the alleged intention to claim DEPB benefit by over-invoicing. The accuracy of the market enquiry report, the PMV declaration, and the Board's Circulars in support of the applicants' case are key points covered in the judgement. The final decision to dispense with the penalty pre-deposit and stay recovery is also highlighted. The summary should be detailed and cover all relevant issues comprehensively. \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \ \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n
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