https://www.taxtmi.com/caselaws?id=127972 Customs recovery of alleged excess DEPB benefit was held unsustainable where no provision in the Customs Act authorised cash recovery from the exporter after transfer of the scrips to third parties, and where the scrips had neither been cancelled by DGFT nor used by the exporter for imports. The allegation of export over-invoicing also failed because the market inquiry and domestic price comparisons did not reliably prove inflated FOB value, and the retracted Section 108 statements lacked independent corroboration and were treated as having doubtful probative value. On that basis, confiscation, redemption fine and penalties were set aside. en-us Mon, 15 Jun 2009 00:00:00 +0530 Fri, 14 Jul 2017 09:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=127972 Customs recovery of alleged excess DEPB benefit was held unsustainable where no provision in the Customs Act authorised cash recovery from the exporter after transfer of the scrips to third parties, and where the scrips had neither been cancelled by DGFT nor used by the exporter for imports. The allegation of export over-invoicing also failed because the market inquiry and domestic price comparisons did not reliably prove inflated FOB value, and the retracted Section 108 statements lacked independent corroboration and were treated as having doubtful probative value. On that basis, confiscation, redemption fine and penalties were set aside. Case-Laws Customs Mon, 15 Jun 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=127972