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2020 (3) TMI 166 - AT - CustomsRefund of Excess Customs Duty paid through RTGS instead of re-crediting it in the DEPB licence - payment of excess customs duty due to valuation dispute - finally the transaction value as declared was accepted. - appellant contended that, since DEPB scrips had been withdrawn by the Director General of Foreign Trade, the re-credited scrips cannot be utilized by Artex Textile - Commissioner (appeals) allowed the appeal of the importer. HELD THAT:- In this connection, it would also be appropriate to refer to a decision of the Tribunal in MK Agrotech Pvt. Ltd. v/s Commissioner of Customs- Mangalore [2019 (6) TMI 80 - CESTAT BANGALORE]. The issue involved was whether refund could be allowed in cash, if duty was paid through DEPB scrips. - It was held in the case that both the authorities have wrongly held that refund cannot be paid in cash since the duty was paid through DEPB scrip. The scrips issued by the DGFT are freely tradeable in the open market and this enables exports the facility to encash the export incentives. The holder of the scrip could utilize these scrips for payment or discharge of duty liability at the time of importation of goods. Further the Bill of Entry for home consumption filed at the time of clearance of goods depicts the list of scrips utilized for payment of customs duty arising on the import of goods. Further I find that there is no provision anywhere under the Customs Act to re-credit these duty scrips at the time of refund. There is no infirmity in the order passed by the Commissioner (Appeals) that directs refund of duty by RTGS - Appeal dismissed - decided against Revenue.
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