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2016 (8) TMI 30 - AT - CustomsDuty drawback - export of Bulk Drugs. - Classification of Metformin HCL USP/PH EUR - Tariff item no. 2925209002 in the drawback schedule or Tariff item no. 2925000099 (others) - Held that:- Pharmacopeia IP, BP, EP, JP, or USP may be treated as interchangeable. The Circulars are binding on the department and the contention of the department, that basing on pharmacopeia suffixed the product has to be reclassified as ‘other’ is not tenable. The Tariff item 2925209002 pertains to Metformin HCL BP. Mere difference in pharmacopeia cannot make the product fall under others. The Circulars as well as letter from the office of DGFT makes this clear. Therefore the benefit of 4% at the rate on FOB value in drawback schedule cannot be denied. The restriction of drawback claim to ₹ 1,34,820/- (calculating @ 1%) by classifying the product as 'others' is not legal or proper. Decided in favor of assessee.
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