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2015 (9) TMI 1311 - CESTAT CHENNAI

2015 (9) TMI 1311 - CESTAT CHENNAI - TMI - Denial of DEPB credit - appellants have willfully obtained the DEPB by mis-declaration - Held that:- Appellant had imported raw materials duty-free under Notification No. 32/97-Cus. which allowed such import for jobbing purpose. The job worker was required to export the final product to the overseas supplier of raw materials. In this process, it was open to the job worker to make a value addition to the extent of not less than 10% CIF value of the impor .....

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ember and Shri P. K. Choudhary, Judicial Member, JJ. For the Petitioner : None For the Respondent : Ms. Indira Sisupal, AC (AR) ORDER Per P.K. Choudhary None appeared for the appellant. The case was listed for hearing on 16.1.2014, 17.4.2014, 4.12.2014, 16.2.2015, 28.2.2015 and 28.6.2015. Since the appeal relates to the year 2005 we do not find it proper to keep the appeal pending further. Accordingly, after hearing the learned AR for Revenue and based on the records available, we proceed to dis .....

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orter is entitled to. The Director General of Foreign Trade (DGFT) after due assessment issued the DEBP credit in favour of the appellant-company and this practice has been in vogue with effect from 1.4.1997. 3. The Commissioner of Customs (Seaport), Chennai demanded duty of ₹ 87,26,869/- from the appellants by way of denial of DEPB credit which was availed during the period 1997-2002 in respect of the exports made under Notification No. 32/97-Cus. on the ground that the appellants have wi .....

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igible for DEPB claim only to the extent of job charges, components of the value of the exported goods and concluded that the duty demanded from the appellant-assessee by way of denial of DEPB credit is correct. She submits that availment of such benefits as duty drawback and DEPB credit in respect of goods manufactured out of the raw materials imported duty-free under Notification No. 32/97-Cus. and exported in terms of such notification amounted to breach of the conditions of the said notifica .....

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