TMI Blog2001 (3) TMI 777X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : V.K. Agrawal, Member (T)]. In this appeal filed by M/s. Dimension India, the issue involved is valuation of Cotton Shirts exported by them under Duty Entitlment Pass Book (DEPB) Scheme. 2. Shri J.M. Sharma, ld. Consultant, with Shri J.S. Agrawal, Advocate, submitted, that the Appellants, a regular exporting unit, filed a shipping bill on 3-8-1999 in respect of 100% C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.75 only and both under Foreign Exchange Regulation Act as well as Foreign Trade Development Act the Appellants are duty bound to declare the value which is not less than the export price, otherwise they are liable to be acted against under these Acts. He also contended that even if it is held that the value was mis-declared no duty is imposable on them. 3. Countering the arguments, Shri P.K. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants have not brought any evidence on record to contradict the market enquiry as well as the findings of the Commissioner given after the examination. He relied upon the decision of Larger Bench of the Tribunal in the case of Om Prakash Bhatia v. C.C.E. Delhi, 2001 (127) E.L.T. 81 (T-LB) = 2000 (41) RLT 871, wherein it was held that over invoicing of export consignment is an offence under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not apparent from the impugned order as to the person from whom the market enquiry was conducted and what was their status or experience in the field of readymade garments. We also observe that appellants have also contended in their reply to the show cause notice that on earlier occasion, market enquiry was conducted by the Department and the value of the shirt was found to be reasonable and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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