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Issues involved: Application for waiver of pre-deposit of Custom duty based on the interpretation of EXIM policy regarding re-importation of jewellery exported for exhibition purposes.
Summary: The applicant filed an application for waiver of pre-deposit of Custom duty, arguing that certain jewellery items exported for exhibition were re-imported after 100 days, beyond the 60-day limit specified in the EXIM policy. The Revenue contended that the goods should be liable for Custom duty due to the delay in re-importation. The applicant claimed that the provision cited by Customs applies to exporters under the DEEC Scheme, which they are not registered under. They exported the goods under a free-shipping bill, and according to Notification No. 94/96-Cus., goods re-imported within three years after export are exempt from duty, making the goods not liable for Custom duty. The Revenue, represented by the ld. SDR, relied on the provisions of the EXIM Policy to support their argument. The Tribunal found that under Notification No. 94/96-Cus., goods re-imported without duty within three years are exempt. The 60-day restriction applies to exporters under the DEEC Scheme, which the applicant is not part of. Therefore, the Tribunal ruled in favor of the applicant, waiving the pre-deposit of duty and allowing the stay petition. The appeal was directed to be listed on a specific date as the goods were with the Custom authorities.
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