Home Case Index All Cases Customs Customs + AT Customs - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 1004 - AT - CustomsDuty demand - Utilization of DEPB scrips on clearance of capital goods after issue of Public notice - Held that:- On a plain reading of the above Public Notice, it is clear that the payment of customs duty by utilizing the credit under DEPB cannot be utilized on capital goods imported after 07.04.2000. In the present case, we find that the Bills of Entry were filed on 03.06.2000, i.e ., after the Public Notice dated 07.04.2000. The respondent instead of paying the duty amount in cash, they produced two DEPB scrips dated 26.04.2000 and 31.08.1999, for value of capital goods. The duty amount was debited from the DEPB scrips . We find that there is no dispute that the goods in question are capital goods as held by the Commissioner (Appeals), which was not challenged by the respondent. The Public Notice had clearly imposed restriction of DEPB scrips for payment of customs duty from 07.04.2000, on capital goods. - after the Public Notice dated 07.04.2000, the respondent is not eligible to pay the customs duty by utilizing the DEPB Scrips on the clearance of capital goods. - Following decision of Sai Graphic Systems [2013 (5) TMI 650 - MADRAS HIGH COURT] - Decided in favour of Revenue.
|