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Commissioner Of Customs, Gujarat Versus M/s. Crown International & Anr.

Availment of fraudulent DEPB Scheme - Inflation of price - Held that:- A perusal of the order reveals that the CESTAT has noted that the respondents purchased the CD ROMs from the local market directly from the manufacturer. The purchase price of  .....

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uyers is not genuine. Respondents have procured the goods for valuable consideration and in turn, received the foreign exchange fully for the sale of goods to the foreign buyers. Therefore, there is no reason to discard the transaction value as betwe .....

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er price as claimed by the Department. It is also an accepted fact that the respondents and foreign buyers are not related parties. - all the aspects have been duly and rightly considered by the CESTAT. The analysis of the material is on factual aspe .....

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the Petitioner : Mr. K. Radhakrishnan, Sr. Adv., Mr. Arijit Prasad, Adv., Mr. B. Shekhar, Adv. And Mr. B. Krishna Prasad, Adv. For the Respondent : Mr. Praveen Kumar, Adv. And Ms. Bina Gupta, Adv. ORDER Respondents are merchant exporters. They purch .....

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761.40/- at the prevailing exchange rate. Respondents realised the full export proceeds from the foreign buyers. Based on the investigations, show cause notice was issued alleging that the value declared by respondents for export was inflated with a .....

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have been much lower. The show cause notice was adjudicated upon by the Commissioner who vide Order-in-Original dated 27.03.2000 dropped the proceedings and held that there had been no contravention of the provisions of Customs Act. Aggrieved, the D .....

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ng thereby, the price of ₹ 640/- as declared by the assessee is found to be genuine. A perusal of the order reveals that the CESTAT has noted that the respondents purchased the CD ROMs from the local market directly from the manufacturer. The p .....

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ndents and the foreign buyers is not genuine. Respondents have procured the goods for valuable consideration and in turn, received the foreign exchange fully for the sale of goods to the foreign buyers. Therefore, there is no reason to discard the tr .....

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