2015 (9) TMI 1528 - CGOVT - Customs

Duty drawback - denial on the ground that the goods imported were Lavender Flower and the goods exported were Cotton Neck Pillows . In terms of Section 74 of the Customs Act, 1962 the goods imported should be identical to the goods exported - Held that - the tariff heading under which each of these items has been classified changed from Lavender Flower under Customs Tariff Heading 0603 90 00 to Cotton Neck Pillows under Customs Tariff Heading 6217 90 90. In terms of Section 74 of the Customs Act, 1962 only those goods which are capable of being easily identifiable and which after being imported into India, are exported within two years of importation, are identified to the satisfaction of the Assistant/Deputy Commissioner of Customs as the goods which were imported earlier are entitled for drawback - In the instant case, the criterion is not satisfied at the time of exportation, because the goods exported are clearly not the same goods which were imported. In any case ignorance of law is no excuse not to follow something which is required to be done by the law in a particular manner. Revision application rejected - decided against applicant.

Summary

Issues:
Claim of duty drawback under Section 74 of Customs Act, 1962 for exporting goods not identical to imported goods.

Analysis:
The case involved a revision application filed against the rejection of a duty drawback claim by M/s. Rajlakshmi Cotton Mills Pvt. Ltd. The applicant had imported "Lavender Flowers" but exported "Cotton Neck Pillows filled with Lavender Flowers," which led to the rejection of their claim as the goods were not identical as required by Section 74 of the Customs Act, 1962.

The examination report highlighted discrepancies in the goods exported compared to the goods imported. The Assistant Commissioner rejected the claim based on the lack of identity between the imported and exported goods. The applicant argued that the Lavender Flowers were exported in the form of Cotton Neck Pillows for space-saving reasons, but this explanation did not hold weight as per legal requirements.

The statutory provision under reference, Section 74(1)(a) of the Customs Act, 1962, allows drawback on re-export of duty-paid goods only if the goods are easily identifiable as those imported. The goods exported by the applicant were found not to be the same as those imported, leading to the rejection of the claim by both the Assistant Commissioner and the Commissioner (Appeals).

The government, after thorough review, concluded that the goods exported were not identical to the goods imported, as required by law. The applicant's argument of lack of technical knowledge for the discrepancy was deemed insufficient, and ignorance of the law was not a valid excuse. The decision to reject the claim was upheld, and the revision application was dismissed for lack of merit.

In summary, the judgment emphasized the importance of goods being identical for duty drawback claims under Section 74 of the Customs Act, 1962. The rejection of the claim was deemed appropriate due to the lack of identity between the imported Lavender Flowers and the exported Cotton Neck Pillows filled with Lavender Flowers, leading to the dismissal of the revision application.