2007 (4) TMI 447 - AT - Central Excise

Summary

Issues involved:
The denial of DEPB credit, confirmation of demand under Section 28(2) of the Customs Act, confiscation of goods under Section 113(d), imposition of fines and penalties on the appellants, and the applications seeking waiver of predeposit and stay of recovery.

Summary:
The Appellate Tribunal CESTAT, Chennai addressed the denial of DEPB credit amounting to over Rs. 1.76 crores to the appellants and the confirmed demand against them under Section 28(2) of the Customs Act. The lower authority also ordered the confiscation of goods under Section 113(d) and imposed fines and penalties on the appellants. The appellants sought waiver of predeposit and stay of recovery regarding the outstanding demands.

Upon examination of the records, it was found that the appellants had exported goods under Shipping Bills claiming DEPB benefit during 1999-2002 to Sri Lanka. Discrepancies in quantity and value were noted by the Sri Lankan Customs authorities, leading to investigations by the DRI. The DRI issued a show cause notice proposing recovery of DEPB credit, confiscation of goods, and imposition of penalties under relevant sections of the Customs Act. The appellants contested these proposals.

The appellants argued that the Customs authorities did not have the jurisdiction to recover DEPB credit, as it falls under the purview of the licensing authority. They also highlighted discrepancies in penalty imposition and jurisdictional issues. The Revenue contended that Customs authorities could take action against exporters for misdeclaration of goods. However, they failed to provide legal authority to counter the appellants' arguments.

After careful consideration, the Tribunal found merit in the appellants' case. It was established that the recovery of irregularly availed DEPB credit falls under the jurisdiction of the licensing authority, not Customs. The Tribunal referenced relevant case laws and circulars to support this stance. Consequently, waiver of predeposit and stay of recovery were granted for the DEPB credit and penalties imposed on the appellants.

The applications were allowed, and waiver of predeposit and stay of recovery were granted. Due to the significant stakes involved, the appeal was scheduled for an expedited hearing on 4-6-2007.