2006 (3) TMI 501

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..... ry, JCDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. The appeal is against a demand of duty of Rs. 4,'42,109/- being excess DEPB credit allegedly availed by the appellants in respect of goods exported under 16 shipping bills. The penalty of Rs. 5 lakhs imposed on them is also under challenge. It is submitted by Id. Counsel for the appellants that ld. Commissioner of Custo .....

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..... n to the department to assess the value, after necessary enquiries, and determine the limit for availment of DEPB benefit by the exporter. 2. After carefully considering the submissions, we find that, according to the Board's Circular, where the correctness of the declared FOB value is doubted, it is open to the Assistant Commissioner concerned to determine the correct value after market enquiri .....

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