2008 (12) TMI 156

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....edit claimed under these bills was to the extent of 21%. All the consignments were detained by SIIB (Export) of the department suspecting overvaluation of the goods for higher DEPB credit. Samples were drawn from all the consignments and were examined, whereupon only one type of pens was found. A statement of Shri Muffazal Hakim (appellant in Appeal No. C/39/03), partner of M/s. Asian Exports, was recorded under Section 108 of the Customs Act, wherein he admitted that the correct value of each ball point pen was Rs. 4.20 (FOB) as against the declared value of Rs.12.93 per piece. On this basis, he also admitted overvaluation of Rs. 87,37,068/- for the entire quantity of pens covered by the four shipping bills. He also admitted that extra DEP....

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....issioner to have enhanced the value of the goods on the basis of the invoice produced by the appellants inasmuch as that invoice was produced for the limited purpose of expediting the shipment. It was not open to ld. Commissioner to record a finding of overvaluation of the goods solely on the basis of statements. The export value of the goods as indicated in the export invoices and declared in the shipping bills has been realized by the appellants through normal banking channels and, therefore, there was no question of misdeclaration of value in these cases. In this connection, Counsel relied on the Tribunal's decision in Shilpi Exports v. Commissioner of Customs, Calcutta - 1996 (83) E.L.T. 302 (Tribunal). He also pointed out that a Civil ....

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....ods. In their statements, the appellants categorically admitted the offence of overvaluation with intent to acquire undue DEPB benefit. They only wanted the cases to be adjudicated expeditiously in terms of the FOB value determined by the Customs authorities. Overvaluation of the goods with intent to obtain undue DEPB benefit stands established in this case, thereby attracting Section 113 of the Customs Act. Incidentally, the conduct of the appellants also squarely attracted the provisions of Section 114 of the Customs Act inasmuch as, by misdeclaring the value of the goods with ulterior purpose of obtaining undue DEPB benefit, they were rendering the goods liable to confiscation under Section 113 and rendering themselves 'liable to be pena....