2007 (5) TMI 35 - AT - Customs

DEPB Scheme As per authority the appellant good (casting machine) not entitle for DEPB benefit After examining the records held that appellant good eligible for DEPB benefit under S.No.75

Summary

Issues:
Denial of DEPB benefit for "IRON CASTING (MACHINED) (NOT ELSEWHERE SPECIFIED)" in Shipping Bill.

Analysis:
The appeal was made against the denial of DEPB benefit to the appellants for an item described as "IRON CASTING (MACHINED) (NOT ELSEWHERE SPECIFIED)" in the Shipping Bill. The original authority categorized the item as castings and directed assessment without DEPB benefit. However, the first appellate authority considered the 'machined castings' as an identifiable part not listed for DEPB credit, thus upholding the denial of DEPB credit. The central issue revolved around whether the subject goods were specified elsewhere in the DEPB list or not, as there was no conclusive finding on this matter in the lower authorities' orders.

Upon thorough examination of the records and arguments from both sides, the tribunal acknowledged that the goods in question were indeed 'machined castings'. It was noted that the DEPB list included an item labeled 'Castings machined elsewhere specified)', which aligned with the admitted identity of the goods. The tribunal highlighted the absence of a specific determination regarding whether the goods were elsewhere specified in the DEPB list. Reference was made to another item, 'Forged crankshaft fully machined', listed in the DEPB, suggesting that 'castings of machine part' were also mentioned elsewhere in the DEPB list. The tribunal found merit in the appellants' case and overturned the impugned order disallowing DEPB benefit for "Castings (machined) (not elsewhere specified)".

In conclusion, the tribunal set aside the impugned order to the extent that DEPB benefit was denied for "Castings (machined) (not elsewhere specified)". The appeal was allowed, granting relief to the appellants. The judgment was dictated and pronounced in open court.