9911796707
TMI Blog2008 (6) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... S.S. Kang, Vice-President]. - Heard both sides. Appellant filed this appeal against the impugned order, whereby 23025 jute bags were confiscated on the ground that the exporter declared higher FOB value. The goods were ordered to be redeemed on payment of redemption fine of Rs.Two lakhs and penalty of Rs. Fifty thousand was imposed. Brief facts of the case are that appellant filed a shipping bill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted for export. As the appellant in addition to the purchase price paid also done value addition i.e. for printing logo and name of the customer and also paid transportation and insurance charges, therefore, it cannot be said that the value was inflated. It is also submitted that the value of the exported goods is not related to the DEPB claim. The DEPB claim is on the weight basis and there is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and transported to Jaipur. The jute bags in question were subsequently printed with the logo and name of the customer. It is also pleaded by the appellant that there is rejection of jute bags due to bad quality. The appellant filed their costing data before the lower authorities which includes the cost of rejected bags, packing, transportation and insurance from Calcutta to Jaipur and value additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er considering the decision in the case of Om Prakash Bhatia, held that FOB value being 150% of the purchase value is not unreasonable in case when consideration amount is received. In the present case also there is no dispute that exporter have received the consideration amount from abroad. In these circumstances, as the value declared in the shipping bill has no relevance with the DEPB benefit, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
