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2015 (11) TMI 446 - AT - CustomsAvailment of DEPB benefit under Sr.No.68B of the DEPB Scheme - Classification of Alloy Steel Forgings (Machined) / goods for use Gear Blanks - Classification under Tariff Item 732616 of the Drawback Schedule or under Tariff Item 848221 and 8708099 of Drawback Schedule - Held that:- There is no dispute that the list appended to the Circular clarified that the Sr.No.68B of DEPB Scheme is corresponding to Tariff Item 722616 of Schedule. The Hon ble Supreme Court in the case of Ranadey Micronutrients Ltd [1996 (9) TMI 124 - SUPREME COURT OF INDIA] held that the circular issued by CBEC is binding on the officers of Revenue Department and consistency and discipline are of greater importance than winning or loosing the court case. The foreign buyers categorically certified that the impugned exported goods are not useable as such and subjected to various processes. This is supported by the certificates of Central Excise officers and officers of Special Economic Zone. Hence, the said case law is not applicable herein. The goods exported by the Appellant declaring Alloy Steel Forging (Machined) for use of rings of Bearing and Gear Blank in their shipping bills, require further operation and such goods when not fit for being ready to use, would appropriately classifiable under tariff item No.732615 of Drawback Schedule. Therefore, the demand of differential amount of drawback alongwith interest and penalties cannot be sustained. Extended period of limitation - Held that:- Appellant has a very strong case in their favour on limitation, as is evident from the analysis of facts herein earlier. When the Department had repeatedly examined the issue earlier and assessments were final, demand can be raised only for normal period. Demand of differential duty set aside - Decided in favor of assessee.
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