2009 (5) TMI 185

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..... export of identical goods at lower price, declared value of the export goods cannot be rejected in terms of Section 114, requires to be accepted in the light of the ratio of the Tribunal’s decision in Advance Exports v. CC, Kandla – [2007 - TMI - 2324 - CESTAT, AHMEDABAD] - plea that sale proceeds of goods exported under two Shipping Bills have been realized and therefore the amount remitted has .....

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..... -, a penalty of Rs. 2,60,000/- has been imposed upon the appellants under Section 114 of the Act and a fine of Rs. 4,00,000/- in lieu of confiscation has also been levied. 2. We have heard both sides. The submission of the exporters that in the absence of any evidence of any contemporary export of identical goods at lower price, declared value of the export goods cannot be rejected in terms of S .....

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..... uthorities have treated the art silk sarees as "made ups" falling under DEPB product code 89 and S.No. 43(b), while the exporter's contention that the art silk sarees are fabrics falling under Chapter 52.54/55 falling under product code No. 89 and S. No. 43 (a) requires to be accepted in the light of CBEC Circular No. 557/53/2000-CX dated 30-11-2000. The exporters claimed DEPB benefit at the rate .....

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