TMI Blog2008 (8) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... 21% credit rate under the DEPB Scheme as the above rates, which were notified by the Directorate General of Foreign Trade were to cover exports made on or after 15th April, 1998. Moreover, the public notice dated 31st March, 1999 was amendatory in nature and could only govern export transactions executed after 1st April, 1999. Appeal dismissed. - LPA Nos. 2133-35/2006 and 1359/2007 - - - Dated:- 29-8-2008 - Mukul Mudgal and Manmohan, JJ. REPRESENTED BY : Shri Ashwini Bhardwaj, Advocate, for the Appellant. S/Shri C. Hari Shankar with N. Jagdish and S. Sunil, Advocates, for the Respondent. [Judgment per : Manmohan, J.]. The present Appeals being LPA Nos. 2133-35/2006 and 1359/2007 have been filed against the judgment an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Director General of Foreign Trade hereby notified the Handbook of Procedures (Vol. 1) (Revised Edition - March, 99), 1997-2002, as contained in Annexure to the Public Notice. This shall come into force from 1st April, 1999. This issues in public interest. (emphasis supplied) 6. On 31st March, 1999 the following was also inserted as generl instruction No. 4 in Appendix 28A of the Handbook of Procedure :- The DEPB rate aims to neutralize the incidence of duty on the inputs used in the export product. Therefore, the DEPB rates as given in Appendix 28A refer to normally tradable/exportable product. Items such as gold Nibs, Gold Pen, Gold Watches etc. though covered under the Generic description of writing i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch Straps/Bracelets. The consignment in question in this petition has been duly exported and it is not controverted that valuable foreign exchange has already come into country. The very fact that the consignment was permitted to be exported by the Customs Department at least leads to the position that the Authorities/Department concerned construed the Notifications in the manner understood by the Petitioners. The only conclusion which can be arrived at is that the Department did not articulate in clear terms the circumstances in which DEPB credit at the rate of 21% would be permissible to Quartz Analog Watches with or without gold straps. Even accepting that credit at the rate of 21% under the DEPB was not what was contemplated, benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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