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1991 (3) TMI 136 - SC - CustomsWhether a sort of "phatka" business was being carried on by the so-called consignee abroad and the shippers in India were playing the role of brokers and in that role they had undertaken to remit to them invisibly the profits earned out of "phatka" business? Held that:- Additional Collector of Customs conclusions on case clearly disclose that the petitioner firm had made an attempt to remit the profits to the consignees by discounting the profit of 79d. from the sale price and thus declaring the export value of the goods at a lower value. The above device was detected even before the export of goods. Thus, in our view, the present case stands on totally different circumstances and the ratio of the cases referred of this Court cannot be applied to the case in hand before us. The learned Judges of the Division Bench of the High Court had correctly distinguished the above cases and we find no reason to take a different view. Appeal dismissed.
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