2017 (1) TMI 140

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.....R.) for the Respondent Per : Ramesh Nair The appellant filed one DEPB shipping bill No.5303107 dated 13.10.2003 for export of 4028.90 Mtrs of fabrics declaring "Fabrics made out of one or more manmade filament yarn" for FOB value of Rs. 5,26,801/- claiming DEPB of Rs. 68,484/- under item code 47A of EXIM Policy 2003. The goods were examined and on the basis of data bank with Frere Basin she....

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....rding to which the market value came to near Rs. 85/- to Rs. 95/- per mtr as against the declared value of the appellant Rs. 131/-, on this basis market value was established at Rs. 90/per mtr and claim of undue DEPB of Rs. 21,474/-. It was also observed that the appellant wrongly classified the said goods under Code 47A while it is rightly classifiable under Code 47B. On this basis of the above i....

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..../-. Being aggrieved by the order-in-original No.SG/MISC-250/DC/2002 SIIB (X) dated 17.08.2004, the appellant filed appeal before the Commissioner(Appeals), who agreed with the appellant's submission that misclassification makes no difference in the case as under code 47A and 47B same DEPB rate of 13% was prescribed. However relying on the market survey conducted by the officers, held that ther....

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....ished that the goods of market, value of which department sought to apply, should be absolutely identical to the goods of the appellant. In absence of test of the market goods, it cannot be said that the goods are identical, consequently, value declared by the appellant can not be disputed. It is very important to note that the Appellant had sought the cross examination of the officers who conduct....