Home Case Index All Cases Customs Customs + AT Customs - 2009 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 101 - CESTAT MUMBAIClaim of DEPB Credit by over-valuation of export goods – burden of proof is on the department – No LC was opened and the remittance was received through telegraphic transfer. o dispute about the receipt of full remittance from their Dubai buyers. The fact of non-opening of LC by itself will not lead to any inevitable conclusion that the goods were over-valued. The mode of receiving the remittance by the appellant is a legal mode and merely because they have chosen to adopt the same instead of through a Letter of Credit, cannot reflect upon their mala fide. The Revenue’s entire case is based on the invoices submitted by the importer at Dubai to the Customs authorities. – Department failed to prove the overvaluation of export goods to claim Higher DEPB – appeals of the appellants allowed with consequential relief.
|