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2003 (12) TMI 452

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..... d Partha Banerjee, Advocate, for the Respondent. [Order per : V.K. Jain, Member (T)]. - This appeal has been filed by Commissioner of Customs (Port), Kolkata against order of the Commissioner (Appeals) No. 568/2002-Export. The issue which arises for consideration whether DEPB value shall be admissible in respect of export of product i.e. pearl magic gel in the manufacture of which the imported .....

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..... s. Against the order of the Commissioner (Appeals), the Revenue has filed the present appeal. The appeal has been filed on the following grounds : "That as per Para 7.25 of the handbook of procedure of Export and Import Policy 1997-2000 as amended the objection of the DEPB scheme is to neutralize the instance of basic Customs duty and surcharge thereof on the export contents of that export produc .....

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..... of DEPB benefit, the SION inputs are required to be used in the manufacture of export products. The specification of SION is relevant in the context of issue of advance license/DFRC and verification of discharge of export on that basis. The same cannot determine the composition of export products under DEPB". 4. We have heard Shri T.K. Kar, SDR for the Revenue and Shri S.K. Bagaria, Sr. Advo .....

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