JUDGMENT

Shah, J.-Questions requiring consideration in this appeal are :-

(A) Whether over-invoicing of the goods for export would mean attempt to export prohibited goods ? and

(B) Whether, while exporting the goods, exporter has to give value of the goods as provided under Section 14 of the Customs Act, 1962 (hereinafter referred to as the Act ) or the value of goods which he expects to receive on sale of goods in the overseas market?

2. The facts in brief are:-

It is stated that the appellant is engaged in the export of garments. Appellant received an order from an overseas buyer i.e. from Dubai, for supply of ladies skirts, the contracted price for which was said to be approximately $10.25 per piece. Appellant filed 4 shipping bills in 1998 for export of 28000 pieces of ladies skirts @ $10.25 per piece (Rs. 434 per piece) amounting to Rs.1,21,54,447/-. On checking, the actual quantity of the skirts was found to be 21184 pieces. On enquiry, the market price of the skirts was ascertained to be Rs.45/- per piece, according to which total value of the goods comes to Rs.9,53,280/-. The exporters had claimed a draw back of Rs.21,87,800/- on the con