https://www.taxtmi.com/caselaws?id=211708 DEPB entitlement linked to FOB value could not be recalculated by substituting Present Market Value, as there was no legal basis for treating the declared FOB value as interchangeable with domestic market value. The Tribunal found that the alleged excess benefit was computed on an incorrect understanding of the scheme, so the foundation for confiscation failed. With no sustainable basis for confiscation and the goods not being available for confiscation, redemption fine was inappropriate, and the penalties on the firm and its partner also could not survive. The order-in-original was therefore set aside in full. en-us Fri, 12 Aug 2011 00:00:00 +0530 Tue, 13 Mar 2012 10:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=211708 DEPB entitlement linked to FOB value could not be recalculated by substituting Present Market Value, as there was no legal basis for treating the declared FOB value as interchangeable with domestic market value. The Tribunal found that the alleged excess benefit was computed on an incorrect understanding of the scheme, so the foundation for confiscation failed. With no sustainable basis for confiscation and the goods not being available for confiscation, redemption fine was inappropriate, and the penalties on the firm and its partner also could not survive. The order-in-original was therefore set aside in full. Case-Laws Customs Fri, 12 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=211708