2011 (12) TMI 186

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....n 130E of the Customs Act, 1962 wherein the High Court's power to entertain an appeal has been provided. He contends that in view of the language in section 130E of the said Act the appeal is incompetent. Mr. Roychowdhury, learned Sr. Advocate appearing for the appellant/department contends that the appeal in substance relates to improper availment of export DEPB credit and it has got nothing to d....

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....ason. He contends that in order to decide the question of lawful and valid DEPB credit facility valuation necessarily has to be ascertained. Going by the allegations made in the present appeal the grievance of the department is that valuation of the goods arrived at is not based on market value but on the value declared in the invoice. Therefore, there has been huge difference in the valuation. &n....

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....t of the High Court delivered-   (i) in an appeal made under section 130; or   (ii) on a reference made under section 130 by the Appellate Tribunal before the lst day of July, 2003;   (iii) on a reference made under section 130A, in any case which, on is own motion or on an oral application made by or on behalf of the party aggrieved, immediately after passing of the judgme....