TMI Blog2018 (8) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004-2009) whereas the period in the present case involved is 2003-2006 - there is no error in the impugned order rather there is a grave error in the grounds of appeal. Hence, the Revenue’s appeal does not survive only on this ground itself. Also, the period of obtaining the DEPB license is not relevant. The only requirement is that at the time of payment of duty, the DEPB scrip should be prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Foreign Trade Policy. At the time of finalisation of the assessment, the assessable value was higher than the originally declared value and the appellant claimed of notification no. 89/2005- Cus dated 04/10/2005 under DEPB scheme and produced release advices and DEPB book for debit the differential duty on account of finalisation. The bills of entry were finally assessed and the different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be allowed. Therefore, the present appeal by the Revenue. 2. Shri Amit Kumar Misra, Ld. Dy. Commissioner (AR) appearing on behalf of the Revenue reiterates the grounds of the appeal. He further submits that at the time of provisional assessment and clearances of the goods, the respondent have not produced the DEPB scrip. Therefore, according to the status of provisional assessment, the benef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered the paras of HBP (2004-2009) whereas the period in the present case involved is 2003-2006. As per the relevant and correct para referred by the Ld. Commissioner (A), the respondent is entitled to make a payment of duty through DEPB at the time of actual debit. The actual payment and debit was made while making a payment of duty at the time of final assessment. Therefore, there is no error i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same. We are also of the view that the even in case when DEPB scrip is purchased from the open market, the same is permissible to be utilized in lieu of payment of duty in cash. In such a case also no correlation needs to be established that whether said DEPB license/scrip was obtained subsequent to the shipping of the imported goods or prior to that. Therefore, the period of obtaining the DEPB ..... X X X X Extracts X X X X X X X X Extracts X X X X
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