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    <title>2007 (2) TMI 4 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=1063</link>
    <description>Declared FOB value in export documents cannot be reduced merely because it exceeds the domestic purchase price where there is no evidence that the export proceeds were fictitious or not realised. The Court found the Revenue&#039;s allegation of inflated or misdeclared value unsupported by the record, noting that export documents and bank realisation certificates showed receipt of the declared proceeds. Fixing a lower FOB value on the basis of the manufacturer&#039;s purchase price was arbitrary, and the precedent cited on drawback did not control a DEPB claim on these facts. The declaration was accepted as genuine, DEPB credit was upheld on the declared export value, and confiscation and penalty could not stand.</description>
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    <pubDate>Mon, 12 Feb 2007 00:00:00 +0530</pubDate>
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      <title>2007 (2) TMI 4 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=1063</link>
      <description>Declared FOB value in export documents cannot be reduced merely because it exceeds the domestic purchase price where there is no evidence that the export proceeds were fictitious or not realised. The Court found the Revenue&#039;s allegation of inflated or misdeclared value unsupported by the record, noting that export documents and bank realisation certificates showed receipt of the declared proceeds. Fixing a lower FOB value on the basis of the manufacturer&#039;s purchase price was arbitrary, and the precedent cited on drawback did not control a DEPB claim on these facts. The declaration was accepted as genuine, DEPB credit was upheld on the declared export value, and confiscation and penalty could not stand.</description>
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      <pubDate>Mon, 12 Feb 2007 00:00:00 +0530</pubDate>
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