9911796707
TMI Blog2008 (7) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... erma, DR, for the Respondent. [Order per : S.S. Kang, Vice-President]. Common issue is involved, therefore the appeals are being taken up together. 2. The brief facts of the case are that M/s. Cytag Exports filed a shipping bill for export of bicycle nylon tyre and tubes and also made claim under DEPB Scheme. The exporter declared value at US $ 52930. The goods were exported and therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order and Revenue also filed appeal against same impugned order whereby redemption fine is set aside. 5. The contention of the appellant is that the goods were exported and after due examination the value was accepted at the time of export., It is only at the instance of their foreign buyer, the appellant prepared another set of invoices to be supplied to their customer so that he can save Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The Revenue relied upon the decision of Hon bie Madras High Court in the case of Dadha Pharma Pvt. Ltd. v. Secretary to Govt. of India reported in 2000 (126) E.L.T. 535. 8. We find that in this case goods were overvalued to get higher DEPB benefits. The documents recovered from the premises of the exporter shows that inflated value was mentioned in the export document whereas the invoices whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fit and Shri Rajesh Kumar even produced forged documents, therefore, we find no infirmity in the order whereby the penalties are imposed on Shri Rajneesh Bedi and Shri Rajesh Kumar. 10. In respect of appeal filed by M/s. Safmarine India Pvt. Ltd. we find they are shipping line and the details mentioned in the documents as produced by the exporter were reflected in the bill of lading. There is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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