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TMI Blog2013 (11) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... alized was for any consideration other than the value of goods exported, we do not consider it proper to fix the FOB value based on market enquires regarding value of goods in India and restrict DEPB benefit based on such calculation - Decided against Revenue. - C/33/2008 - C/A/322/2012-Cus.(PB) - Dated:- 1-10-2012 - Ms. Archana Wadhwa and Shri Mathew John, JJ. Shri Govind Dixit, AR, for the Appellant. None, for the Respondent. ORDER When the matter was called none appeared for respondent. In the past also nobody had been appearing on behalf of the respondent on a few occasions when the matter came up for hearing. So we have took up the appeal for disposal and heard the representative for Revenue which has filed this appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on market value of goods assessed at Rs. 85 per metre. Aggrieved by this part of the adjudication order Revenue has filed this appeal. 4. The ld. AR for Revenue submits that Shri Ajay Madan Director of the respondent-company stated that the goods were purchased from M/s. Mahalakshmi Enterprises, B-44, Textile Colony, Industrial Area A , Ludhiana. However when the officers of the department conducted verification at the said address the landlord of the premises informed that no unit by the name Mahalakshmi Enterprises was operating from the said premises. According to Revenue it shows that the entire operation showing procurement of goods at high value is fraudulent and hence it is very clear that the goods were overvalued. He further sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Noticee to the said supplier through bank cheques. In addition the said supplier had also furnished a copy of the certificate of Registration of Sales Tax Department which goes to prove that M/s. Mahaluxmi Enterprises does exist. All these facts, the Sales Tax Registration, the payment made by cheques to M/s. Mahaluxmi Enterprises, etc. are verifiable facts. As there is no rebuttal of these facts in the show cause notice no further proof is required about the purchase of fabrics from M/s. Mahaluxmi Enterprises. In view of this there is no substance in the allegation contained in the show cause notice that the Noticee has only managed the purchase bills from the supplier to justify the export value. 6. The adjudicating authority has gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... full contracted amount has been received by the party. 7. What we find is that as per law DEPB benefit is to be granted on FOB. value of the goods. There is no legal basis for restricting the benefit on the basis of market value of the goods in India. There is no restriction as to the quantum of profit a person can earn in an export transaction. Further the market value of the goods in India as ascertained based on opinion of three other exporters can only be approximate. In the absence of more convincing proof demonstrating that the value realized was for any consideration other than the value of goods exported, we do not consider it proper to fix the FOB value based on market enquires regarding value of goods in India and restrict DEPB ..... X X X X Extracts X X X X X X X X Extracts X X X X
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