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2016 (5) TMI 988 - CESTAT NEW DELHI

2016 (5) TMI 988 - CESTAT NEW DELHI - TMI - Valuation - SS Utensils exported under DEPB Scheme - Goods overvalued to claim higher DEPB benefit - Held that:- the issue stands covered by the majority decision of the Tribunal in the case of Sitaram Ramdhan & Co. Vs. Commissioner of Central Excise, Jaipur [2015 (4) TMI 1072 - CESTAT NEW DELHI] whereas it was observed that when the goods are examined by the Customs and found as per the declaration and when realization of the export proceeds in full i .....

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o. C/529/2010 - Final Order No. 51777/2016 - Dated:- 13-5-2016 - MS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND SHRI B. RAVICHANDRAN, MEMBER (TECHNICAL) For the Petitioner : Ms. Neha Meena, Advocate For the Respondent : Shri R.K. Garg, DR ORDER PER: ARCHANA WADHWA The dispute in the present appeal relates to the valuation of the goods exported by the appellant under DEPB Scheme. 2. After hearing both the sides duly represented by Ms. Neha Meena, Advocate for the appellant and Shri R.K. Garg, DR for t .....

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e were examined by the Customs Authority and no objection was raised by them. After examination and verification, the goods were allowed to be exported. The appellant also received foreign exchange against the said export. 3. Revenue, after entertaining the view that the value of the utensils exported by the appellant were declared much on the higher side, initiated certain investigations. After making inquiries from the other units identically situated, the Revenue found that the selling price .....

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e value of goods exported by them during January to March, 2004 should not be reduced from ₹ 55,74,498/- to ₹ 29,64,990/-, in terms of section 14 (1) of the Customs Act, 1962 and as to why the other actions like confiscation of the goods and also for imposition of penalty, should not be taken against them. The said show cause notice culminated into the impugned order passed by the Commissioner, reducing value of the export goods, as proposed in the notice as also imposing penalty of .....

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e same for arriving at the present market value of the goods exported by the appellant. 6. On the other hand, we find that the appellant had taken a categorical stand that the goods were manufactured in their factory and necessary ARE-2 were examined by the proper officer of the Central Excise Range. They also produced the purchased documents of the basic raw material and contended that the goods were allowed to be exported after full examination by the Custom Authorities. Based upon the said ex .....

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for the domestic goods is ab-initio void and cannot be made applicable to the export goods, especially in respect of which value of CAP exist. They also produced copies of invoices of some local manufacturers where they themselves have exported the goods at the higher value. The invoices of the same manufacturer exporters, which stand adopted by the Revenue, were produced indicating that their export price is around 109 k.g. As such they contended that there is much difference in value of goods .....

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