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2010 (7) TMI 415 - AT - CustomsConfiscation and penalty – Misdeclaration – Overvaluation to claim higher DEPB rates – In the case of Mercantile India (2007 -TMI - 1619 - CESTAT,CHENNAI), it was found that the quantity and value of export goods were misdeclared with intent to avail DEPB credit and accordingly confiscation was upheld - appellant's case is worse inasmuch as they consistently confessed to having overvalued the goods for claiming undue DEPB benefit and even produced documentary evidence of Present Market Value - Tribunal taken the contrary view to the applicability of Sections 113(d) and 114 of the Customs Act, 1962 in the case of export under DEPB scheme by the exporter - matter referred to the larger Bench to decide the issue "whether the provisions of Sections 113(d) and 114 of the Customs Act, 1962 are invocable in the case of export under DEPB schemes or not?"
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