TMI Blog2007 (6) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... sed an order on 29-12-2006, that the Diffuser which has been fixed in the mosquito repellant machines manufactured by the petitioner is not eligible for availing drawback claim as per Section 75 of the Customs Act, 1962. It is seen that before passing the said impugned order, the 4th respondent, Assistant Commissioner of Customs (Drawback), has issued a notice dated 26-12-2006, captioned as "deman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s far as the diffuser is concerned, it forms part of the entire mosquito repellant, and the same is imported and after fitting the same as machine it is marketed. As a complete set it is exhibited and therefore there was no question of separating diffuser for the purpose of denying the drawback claim as per the Customs and Central Excise Duties Drawback Rules, 1995. 3. The learned Senior Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... single Judge stating that by virtue of the notice dated 26-12-2006, the petitioner can always give explanation and the impugned order dated 29-12-2006 of the second respondent is only a piece of information, is not proper. 4. On the other hand, Mr. V.T. Gopalan, learned Additional Solicitor General would contend that inasmuch as the learned single Judge has held that notice dated 26-12-2006 is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Senior Counsel for the appellant as well as respondents and perused the records, including the order of the learned single judge. 6. Inasmuch as it is fairly conceded by the learned Additional Solicitor General that the notice dated 26-12-2006 should be treated only as a show cause notice, we make it clear that pursuant to the said show cause notice, the petitioner shall be entitled to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice shall be treated as show cause notice to the petitioner and the petitioner shall be entitled to submit its detailed explanation within a period of two weeks from the date of receipt of a copy of the order and it is also open to the petitioner to avail personal hearing, in which event, the 4th respondent shall fix the date for personal hearing and proceed with enquiry and pass orders in accor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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