9911796707
TMI Blog2009 (3) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... Sayyad, DR, for the Respondent. [Order per : A.K. Srivastava, Member (T)]. Vide the impugned order, the Commissioner has confiscated the watches valued at Rs. 1,40,00,000/- which had been mis-declared as being valued at Rs. 3,96,30,500/- by M/s Dicen Industries, the applicants herein and covered under S/Bill Nos. 3696329, 3696330, 3696331, 3696333, 3696335, 3696546, 3696547 (all dated 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs. 12,60,000/- (approx.) 5. We find that the impugned watches, which were exported, were partly removed under the Central Excise Bond i.e. ARE-1 and partly on payment of Central Excise Duty by declaring the price @ Rs. 568/- per piece. Thus the watches were cleared from the excise registered factory, before being exported out of India at the same price i.e. Rs. 568/- per piece as declared ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner in the impugned order. It seems that the comparison has been made in the market enquiry report with certain similar items and not identical items. Therefore, prima facie, the market enquiry report cannot be accepted at its face value. It lacks in accuracy. 6. The Board vide its Circular No. 69/97-Cus., dated 8-12-97 had prescribed that in the case of Merchant Exporter, if the goods und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ches in question, value cap of Rs. 600/- piece is provided against Product Group: Electronics (Product Code : 83, Sl. No. 30). 7. Moreover, we note that an amount of Rs. 12,60,000/- approx. is legitimately due to the applicants as DEPB benefit and this amount is not under dispute. 8. Prima facie, the applicants have made out a strong prima facie case for the complete waiver of the pre-deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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