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TMI Blog2007 (4) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... - Held that: - there is no evidence to support a finding that there was mis-declaration of export value. The unreliability of the finding regarding market value is brought out by the very fact that enquiry showed that similar goods were being sold in the price range of ₹ 50/- to ₹ 70/-. The variation is nothing abnormal - It is also not correct to judge a consignment’s price by an ave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under export was eligible for DEPB benefit @ 7.8%. Thus, on the FOB value, the appellant claimed a DEPB benefit of about Rs. Five lakhs. 2. Custom authorities subjected the consignment to price verification and quantitative check. A quantity difference (shortage) of about 3000 meters, as against the declared quantity of 50,000 meters (6.23%) was noted. Price enquiries showed that similar goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities is entirely illegal inasmuch as market transactions take place at different prices and no average price could be forced on any particular transaction. 5. The ld. counsel also would point out that the finding regarding shortage in quantity is entirely unreliable. His contention is that the negligible difference can only be the result of errors in measuring. 6. The ld. Counsel would rely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice had been mis-declared. 7. The ld. SDR s contention is that since the declared FOB value was found to be twice as much as domestic price, clearly there was mis-declaration of value with intention to gain undue DEPB benefit. He would rely on the decision of the Hon ble Supreme Court in the case of Om Prakash Bhatia v. Commissioner - 2003 (155) E.L.T. 423 in support of his contention that where ..... X X X X Extracts X X X X X X X X Extracts X X X X
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