2017 (1) TMI 1016

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....at arise for consideration is the main respondent M/s. Hiravati International Pvt. (HIPL) exported 180 consignments of fish and fish products during the period 1998-99 to 2001-02 through JNPT and claimed DEPB credit by availing various percentage of FOB value as per relevant public notice issued by DGFT. On an investigation carried out by the department, it was noticed that the various percentage of DEPB credit claimed by HIPL was incorrect as the condition for entitlement of credit on export of fish and fish products, was subject to observation of prescribed standard input output norms in the usage of preservatives and chemicals in exported goods. It is the case of the revenue in the show-cause notice that the statements of the persons fro....

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.... investigation are carried out by DRI/ custom clearly prove that no chemicals or preservative are used in export product, such cases should be proceeding against the exporter. It is his submission that in the case in hand the statement of the partner is indicative of non-usage of preservatives. It is his further submission that the quantum of preservatives used by HIPL in the case in hand is meagre, in such cases, DEPB benefit is to be restricted to 4% of the FOB Value while HIPL has taken additional benefit in excess of 4% of FOB value. 4. Ld. counsel appearing for HIPL submits that the statement of General manager is very clear and states that HIPL had used meagre quantity of chemicals and preservatives in the goods exported. He would dr....