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2017 (12) TMI 1454 - AT - CustomsDEPB benefit - whether the Customs Authority has the power to cancel the registration of DEPB, as it appeared to them that the goods exported by the appellants were not covered under Standard Input Output Norms (SION) and as per Foreign Trade Policy and thus DEPB credit for the exported goods appeared to be not admissible to them? - Held that: - The power to determine and modify DEPB credit vests only with DGFT Authorities. Customs Authorities duty is to verify the exporter's declaration, quantity and value of export products. Only DGFT decides to grant credit, the Customs Authorities cannot modify the credit. As per the Government policy, the jurisdiction to initiate recovery of excess credit or wrong credit lies with the DGFT. It is for the Customs to get in touch with the DGFT Authorities to initiate action for recovery of the excess credit availed by the appellants - cancellation of registration of the DEPB Credit by the Customs authorities set aside - appeal allowed - decided in favor of appellant.
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