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july 2003

Supreme Court of India · 2003-07-07

M/S. OM PRAKASH BHATIA vs COMMISSIONER OF CUSTOMS, DELHI

Citation / case number
SC 2001/4268
Court
Supreme Court of India
Petitioner
M/S. OM PRAKASH BHATIA
Respondent
COMMISSIONER OF CUSTOMS, DELHI
Author
Shah
Bench
ARUN KUMAR M.B. SHAH

Judgment text excerpt

The Supreme Court held that over-invoicing of goods for export constitutes an attempt to export prohibited goods under Section 113(d) of the Customs Act, 1962. The Court clarified that exporters must declare the correct market value of goods as per Section 14 of the Act, rather than the inflated value expected from overseas buyers. The appeal was dismissed, affirming the penalties imposed by the Commissioner of Customs for fraudulent drawback claims.

M/S. OM PRAKASH BHATIA vs COMMISSIONER OF CUSTOMS, DELHI · Niyam