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2016 (5) TMI 988 - AT - CustomsValuation - SS Utensils exported under DEPB Scheme - Goods overvalued to claim higher DEPB benefit - Held that:- the issue stands covered by the majority decision of the Tribunal in the case of Sitaram Ramdhan & Co. Vs. Commissioner of Central Excise, Jaipur [2015 (4) TMI 1072 - CESTAT NEW DELHI] whereas it was observed that when the goods are examined by the Customs and found as per the declaration and when realization of the export proceeds in full is not disputed and when there is no evidence to show flow back from the exporter to the foreign buyer, DEPB benefit has to be extended on the basis of FOB value and not on PMV, Accordingly, by holding that restricting DEPB benefit to PMV is totally wrong, when especially there is no wrong declared in the FOB value. In as much as the said decision covers the issue in full, we by following the same, set aside the impugned order. - Decided in favour of appellant with consequential relief
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