TMI Blog1998 (8) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... ification of international prices and to indicate the rate of duty applicable to various inputs to arrive at the credit entitlement against the said export. There was no dispute about the international price. The credit entitlement was, however, disputed and contested by the appellant. The adjudicating authority proposed to apply the rate of Rs. 220/10 gms. as this was the rate of duty applicable to this item under the 1st Schedule to the Customs Tariff Act, 1975 read with Notification 117/94-Cus., dated 27-4-1994 as amended issued under Section 25 of the said Act. The appellants, however, claimed that the applicable rate of duty was 50% as given in the Customs Tariff and that Notfn. No. 117/94 was not applicable in their case as none of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty on the input quantity deemed to have been utilised, on the basis of prescribed input-output ratio, in the Export product exported outside India. Credit is given in terms of Indian currency and the said credit is to be utilised towards payment of duty on import of inputs. The Export product shall not be eligible to drawback of duties on the inputs for which credit in the pass book has been taken. 6. He submits that in the context of the above scheme, there is no scope for applying the rate of duty on import of gold as prescribed by Notification 117/94-Cus. That notification, submits the ld. Advocate is applicable if the duty is paid in convertible foreign currency out of the Exchange Earnings For- eign Currency Account of the importer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Agarwal submits at the outset that this matter does not relate to a question of rate of duty and, therefore, the Bench has no jurisdiction over this matter. He further submits that every exporter has a foreign currency account. Therefore, the importer/ appellant can pay duty on gold in convertible foreign currency and he need not pay in Indian currency. 10. As regard the finding that gold can be imported through channels other than of S.I.L. or of baggage, ld. SDR submits that such a plea, as now made, was not taken before the lower authorities. Plea, being one of fact, cannot be allowed to be taken at this stage. 11. We have carefully considered the pleas advanced from both sides. Plea regarding jurisdiction, apart from the fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant in respect of export of liquid gold, its export product. On this ground alone, the appeal is liable to be allowed without going into the other ground. We order accordingly. 13. However, we are of the view that even the other ground for applying the rate prescribed under Notification 117/94 by Revenue does not have any substance. There is no warrant for a presumption that gold can be or is im- ported only under S.I.L. or under baggage as the lower authorities have done. Import under pass-book scheme is another channel, as is obvious in the case of the appellant since liquid gold is an export product and gold is a prescribed in- put in the input-output norm. The appellant will be asked to debit an amount equivalent to duty on i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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