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2015 (11) TMI 692 - SUPREME COURT

2015 (11) TMI 692 - SUPREME COURT - 2015 (325) E.L.T. 462 (SC) - 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 ₹ 640/- has not been challenged. It is not the case of the Department that the transaction between the manufacturer and the respondents is not genuine. It is also not Department's ca .....

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ion, such or like goods have been exported from India at much lower 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 aspect and no substantial question of law arises for consideration in the instant appeal - Decided in favour of assessee. - Civil Appeal No. 1581/2007 With C.A. No. 3140-3143/2008 - Dated:- .....

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at the rate of USD 18 per piece, which was equivalent to ₹ 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 view to take the advantage of DEPB schemes. It was observed that the software in the CD-ROMs were otherwise freely downloadable from the internet. According to the Department, fair val .....

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