TaxTMI 
TaxTMI 
2016 (11) TMI 1201
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....tificate IEC was issued on 25.4.03 by the Office of Joint Director General of Foreign Trade, Coimbatore having the address 727, Jothi Illam, Trichy Road, Ramanathapuram, Coimbatore-45 and having Branch-1 at 7/102, Sannathi Street, Thirumuruganpoondi, Avinashi Taluk, Coimbatore District and Branch (2) at 1/40, Basement, Old Rajinder Nagar, New Delhi-110060. (iii) During investigation the summons issued to the Coimbatore address and Branch Office (1) address were returned undelivered by Postal Authorities with remarks no such addressee at the said address". (iv) Shri Shankar, the authorised signatory, who had filed the shipping bills did not respond to the summon. As per the statement of Shri Ved Barat, Manager Shri Shankar left the co....
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....duct Group Textile Products Code 89 only Cotton Socks (Knitted) is notified for DEPB rate against Sl.No.11. As no export shall be allowed under DEPB scheme unless the DEPB rate of the export product notified the DEP Credit is inadmissible in respect of 1,11,240 pieces of Socks exported under the said shipping Bills. (x) M/s Fairdeal Impex mis-declared the value of socks and Cotton Knitted T shirts with intention to get higher credit under DEPB. The value declared for socks was Rs. 86/- per pair whereas PMV ascertained was only Rs. 20 and the value declared for Cotton Knitted T Shirt was Rs. 248/- whereas the PMV ascertained only Rs. 27/- per piece. (xi) The Marked Value for the 20400 pieces of Knitted T Shirt exported under DEPB Schem....
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..... 247/50 per piece (excluding shut out quantity 1800 pieces of 15 cartons against declared quantity of 51,600 pieces of 430 cartons) under Shipping Bill Nos.39383, 39384 and 39385 dated 7.11.03 to the total FOB value of Rs. 1,23,25,500/- (for 49800 pieces) The actual PMV ascertained by the department was Rs. 27/- per piece for 100% Cotton Knitted T Shirt and the total actual value worked out to Rs. 13,44,600/- (for 49800 pieces) [39385 - It has been referred in the Examination report on Shipping Bill No.39385 "Not produced 61 carton"] Total FOB value declared for the goods exported Under Drawback Scheme Under Drawback Scheme : 2,71,88,910 Total actual/true value proposed to be adopted by the department based on PMV by the departmen....
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....of the Customs Act, 1962 as the exporter attempted to export the goods contrary to law, rendering the goods liable for confiscation and the exporter liable for penal action under Section 114 of the Customs Act, 1962. 3. Revenue submitted that M/s Fairdeal Impex, New Delhi were directed to show cause to the Commissioner of Customs and Central Excise, Coimbatore, 6/7, A.T.D. Street, Race Course Road, Coimbatore-18 as to why- (i) the DEPB benefit in respect of goods exported under SB Nos. 39331, 39332 and 39333 dated 7.11.03 should not be denied as the exported product was not covered and notified under DEPB Scheme. (ii) the DEPB credit in respect of Cotton Knitted T Shirt exported under SB Rs. 39336 and 39337 should not b....
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....62. (vi) a penalty should not be imposed on them under Section 114 of Customs Act, 1962 for the contravention of the provisions of the above said Act. " 4. Ld. DR further explains on each and every part of breach of law made by appellant following questionable modus operandi to over value the goods without any substance in connivance with the seller of the goods and fabricated invoices were produced to the customs while attempting to export the same. When market enquiry was conducted, the value of the cotton kitted T-shirts declared was Rs. 248/- whereas that was worth Rs. 27/- only as per market enquiry. Similarly, the value of the socks was worth Rs. 20/- while that was declared as Rs. 86/-. The adjudicating authority examined....