TMI Blog2007 (2) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... Overseas Limited (hereinafter called the assessee for short) is in challenge at the instance of Commissioner of Customs (hereinafter called the Revenue for short). 2.The assessee exported 4.8 lakh pieces of coffee mugs between February and November, 2001. The export price (FOB) was US $3.40 per piece. The exported goods were eligible for Duty Entitlement Pass Book (DEPB) Benefit/Scheme. Accordingly, the same was claimed as per Rules at the rate of 11% or 10%. The assessee had declared a market value of ₹ 52.50 per piece which was worked out at 150% of the assessee's purchase price which was ₹ 35/- per piece. These purchases were made from the manufacturers in Rajasthan and as per the clearance documents of Central Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal, the Tribunal set aside the orders of the authorities below and allowed the appeal. It. is against this order that the present statutory appeal has been filed. 5.Shri R. Basant, Learned Advocate appearing on behalf of the Revenue assailed the order of the Tribunal and pointed out that there could not be such a vast variation in between the domestic price of ₹ 35/- per piece and the declared FOB value of ₹ 157/- per piece, therefore, it was obvious that the assessee had claimed inflated price with the sole objective of getting undeserved DEPB credit. Learned counsel secondly contended that the Tribunal had not taken into consideration the evidence on record regarding the price. Lastly, the learned counsel contended that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee so as to enable him to get undeserved DEPB credit. He points out that the fixing of the price at ₹ 80/- per piece by the Adjudicating Authority as also by the Commissioner (Appeals) was based on no evidence. Learned counsel further urged that those authorities could not have been allowed to imagine the price. Learned counsel further invites our attention to the findings by the Tribunal in para 4 of its judgment wherein the Tribunal has clearly held that there was no material on record to indicate that the export price declared by the appellant was not genuine or that the transaction was at a different price. Our attention was also drawn by the learned counsel towards further finding that the market value declaration made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also given a finding that the Adjudicating Authority has arbitrarily computed the FOB value and have fixed the credit on that basis. We accept findings of the Tribunal in the absence of any concrete evidence having been put to support the contention of the learned counsel that the FOB price is inflated. In this behalf we cannot ignore the documents supplied by the assessee before the Revenue which we have already mentioned earlier. It is not a case of the Revenue that the assessee has not received the FOB price at all. That is clear from the BRCs. Therefore, the FOB price is supported amply by the BRCs with which no fault is found. Once that is clear, there will be no question to hold that the FOB is inflated. 10.As per the policy a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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