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TMI Blog2017 (4) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... he is not a Government approved valuer and was not an authority on the subject. Since the entire basis of the case that the market value of the goods was found to be ₹ 10/- per piece, itself has been put in suspicion, the case of Revenue cannot succeed. There is no independent evidence of the market value of the goods and in absence of the same, the impugned order cannot be sustained - in ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o availed DEPB benefit @ 11%. On receipt of intelligence, the said cargo was examined and inquiry was conducted with the help of Textile Engineer and it was determined that price of goods was not more than ₹ 10/- per piece. It was held that the DEPB claim by the appellant, which worked out to ₹ 7.73 per piece, exceeded 50% of the market value of the goods. The goods were held to be lia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned AR relied on the impugned order. 4. We have gone through the rival submissions. We find that the entire case is based on the survey conducted with the help of the engineer of a textile company. The engineer has later vide his letter dated 13-9-2005 communicated that he is not a Government approved valuer and was not an authority on the subject. Since the entire basis of the case that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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