2008 (1) TMI 189

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....thy, Member (T).] - 1. Heard Shri N.C. Roychowdhury, ld. Sr. Advocate, appearing for the Department and Shri S. K. Bagaria, ld. Sr. Advocate appearing for the respondents. The original authority had denied DEPB benefit in respect of 13 (thirteen) impugned shipping bills Under the impugned order dated 11-11-02. The lower appellate authority under the impugned order dated 30-1-03 has allowed DEPB be....

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....ted. (iii) Declared value in respect of impugned goods is inflated and hence the value declared is not acceptable for grant of DEPB credit/vis-a vis the PMV. 3. Shri S.K. Bagaria, ld. Sr. Advocate appearing for the respondents states that the impugned show-cause notice did not seek to deny DEPB benefit on the ground that Fragrant PP Mat was not a specified item in the DEPB schedule. He state....

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....ind that Fragrant PP Mats have been specified as a separate item in DEPB schedule only from a future date granting DEPB benefit at the lower rate of 12% as against the benefit available at the rate of 20% for PP Mats. It appears that specially considering the quantum of duty suffered in respect of inputs used in the manufacture of Fragrant PP Mats and its higher value in the market, a lower rate o....

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....r, we find that the relevant shipping bills contain a clear declaration regarding the brand as required under the Exim Policy. Hence, the Value Cap as sought to be applied by the Department has no basis. Thirdly, as regards the declaration regarding PMV, this aspect has also been examined by the DGFT officials and they have come to the conclusion that 20% of FOB value would not exceed 50% of the P....