2001 (3) TMI 777

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.... for the Appellant. Shri P.K. Jain, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  In this appeal filed by M/s. Dimension India, the issue involved is valuation of Cotton Shirts exported by them under Duty Entitlment Pass Book (DEPB) Scheme. 2. Shri J.M. Sharma, ld. Consultant, with Shri J.S. Agrawal, Advocate, submitted, that the Appellants, a regular ex....

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.... of M/s. Discovery Gen. Tdg. LLC, Ajman, U.A.E, the price was US $ 10.75 only and both under Foreign Exchange Regulation Act as well as Foreign Trade Development Act the Appellants are duty bound to declare the value which is not less than the export price, otherwise they are liable to be acted against under these Acts. He also contended that even if it is held that the value was mis-declared no d....

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....ld be more than the price determined during the market enquiry; that the Appellants have not brought any evidence on record to contradict the market enquiry as well as the findings of the Commissioner given after the examination. He relied upon the decision of Larger Bench of the Tribunal in the case of Om Prakash Bhatia v. C.C.E. Delhi, 2001 (127) E.L.T. 81 (T-LB) = 2000 (41) RLT 871, wherein it ....

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.... have been deprived of the opportunity of rebutting the same effectively. It is not apparent from the impugned order as to the person from whom the market enquiry was conducted and what was their status or experience in the field of readymade garments. We also observe that appellants have also contended in their reply to the show cause notice that on earlier occasion, market enquiry was conducted ....