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Issues: Misdeclaration in shipping bills leading to imposition of penalty on a 100% E.O.U.
In this judgment by the Appellate Tribunal CESTAT BANGALORE, the issue revolved around M/s. Sea Gold Aqua Farms Ltd., a 100% Export Oriented Unit (E.O.U.), exporting Black Tiger Frozen Shrimps. The company mistakenly filed shipping bills under the Duty Entitlement Pass Book (DEPB) scheme instead of the 100% E.O.U. scheme through their clearing agent, M/s. VBC Ltd. The mistake was promptly realized, and they informed the Department, surrendering the erroneous shipping bills and requesting conversion to the correct scheme. The Revenue contended that the company attempted to benefit from both schemes, leading to misdeclaration and justified penalty imposition. However, the company argued that it was a mere mistake and not intentional misdeclaration. The Tribunal noted that the company did not claim DEPB benefits, rectified the error swiftly, and obtained certification confirming no DEPB benefits were availed. Consequently, the Tribunal found no grounds for penalty imposition, ruling in favor of the appellants. The judgment highlights the importance of accurate documentation in international trade and the consequences of misdeclaration, even if unintentional. It underscores the significance of promptly rectifying errors and cooperating with authorities to maintain transparency and compliance with export schemes. The decision emphasizes the need for a thorough understanding of export procedures and meticulous attention to detail to avoid potential penalties and legal repercussions.
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