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2007 (4) TMI 466 - AT - CustomsConfiscation, fine and penalty - Export - misdeclaration of value - Revenue'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 - 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 average price. The full payment for the consignment by the buyer also confirms that the transaction is genuine. In these facts and circumstances, the action taken by the Custom authorities cannot be sustained. Appeal allowed - appellant shall be entitled for DEPB benefit based on the declared report price - decided in favor of appellant.
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