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2013 (11) TMI 787 - AT - CustomsEXIM – DEPB credit – Alleged that appellant have show inflated export price with intent to avail higher DEPB benefit – Held 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 benefit based on such calculation - Decided against Revenue.
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