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2011 (8) TMI 924 - AT - CustomsDEPB benefit - Misdeclaration of value - Circular No. 69/97-Cus., dated 8-12-1997 - whether the DEPB rate is to be applied on the PMV or the benefit should be capped at 50% of PMV which is what the Public Notice Issued by DGFT envisages - the public notice issued by DGFT should prevail over the circular of CBEC which is not very clear on the point whether the rate is to be applied on PMV or benefit is to be capped at 50% of PMV - When the adjudicating officer himself is confused about this, the exporter cannot be penalized for such discrepancy. No benefit that is accruing to the exporter on account of the mis-declaration comes out - Appeals are allowed
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