COMMNR. OF CENTRAL EXCISE & CUSTOMS, A.P vs. SURESH JHUNJHUNWALA

C.A. No.-001372-001372 - 2006Supreme Court19 October 20068 pages
For Respondent: RAJESH KUMAR
AI SummaryRemanded

What did the Supreme Court hold?

The Supreme Court held that the Tribunal erred in not considering the materials on record regarding the over-valuation and the potential violation of the Foreign Exchange Regulation Act. The impugned judgment was set aside.

What were the facts?

Two firms attempted to export garments under the DEPB Scheme by mis-declaring their description and over-invoicing the value. The goods were intercepted and found to be of extremely poor quality, unfit for wear.

What were the issues?

Whether the Tribunal correctly held that the goods were not prohibited and over-valuation was not established. The applicability of the Customs Act and the Foreign Exchange Regulation Act to the case.

Which sections of the Income-tax Act were involved?

Section 113,Section 114,Section 2(33),Section 50,Section 12(1),Section 22,Section 23(1-A),Section 23(1-B),Section 167(8),Section 8(1),Section 19

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Cause title — parties, addresses and appearances
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8 CASE NO.: Appeal (civil) 1372 of 2006 PETITIONER: Commissioner of Central Excise & Customs, A.P. RESPONDENT: Suresh Jhunjhunwala & Ors DATE OF JUDGMENT: 19/10/2006 BENCH: S.B. Sinha & Dalveer Bhandari

JUDGMENT: J U D G M E N T S.B. SINHA, J: M/s Ganesh Yarntex Export Private Limited filed six shipping bills under the Duty Entitlement Pass Book Scheme (DEPB Scheme) bearing Nos. 136 to 141 dated 06.01.2001. M/s Aadee Exports & Imports, Secunderabad filed five shipping bills bearing Nos. 142 to 147 dated 06.01.200. They declared their address as ’c/o ABC, II Floor, YMCA Complex, Sardar Patel Road, Secunderabad. All the said shipping bills were filed for post export benefit under the DEPB Scheme claiming credit rate @ 15% vide Sl. No.20(iii) of the DEPB Credit List, Product Group No.89 read with EXIM Policy. The goods were declared as "Dyed Printed Night Wears (Maxis)" in various sizes/colours. The value of the goods was claimed to be Rs.41 lakhs @ US$ 6.40 per piece. The total FOB value of the consignment was declared to be US$ 5,84,064/- (Rs.2.72 crores) approximately. The consignment was made in t

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