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    <title>2008 (2) TMI 102 - CESTAT  MUMBAI</title>
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    <description>For DEPB entitlement, only the weight of the exported toothbrushes counted, not the primary packing material, because the rate schedule and input-output norms linked benefit to the export product itself. The exporter&#039;s test certificate was rejected as unreliable since it was not prepared in the presence of Customs officers and did not prove that the tested samples matched the exported goods. A large discrepancy between the declared net weight and the weight found on examination was treated as deliberate misdeclaration, not a mere interpretative dispute, so confiscation and penalty were upheld. The penalty was reduced as excessive in light of the benefit sought.</description>
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      <link>https://www.taxtmi.com/caselaws?id=4472</link>
      <description>For DEPB entitlement, only the weight of the exported toothbrushes counted, not the primary packing material, because the rate schedule and input-output norms linked benefit to the export product itself. The exporter&#039;s test certificate was rejected as unreliable since it was not prepared in the presence of Customs officers and did not prove that the tested samples matched the exported goods. A large discrepancy between the declared net weight and the weight found on examination was treated as deliberate misdeclaration, not a mere interpretative dispute, so confiscation and penalty were upheld. The penalty was reduced as excessive in light of the benefit sought.</description>
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