2011 (9) TMI 528 - AT - Customs

Drawback - Held That - Appellant did not bring in the knowledge of the adjudicating authority that the draw back claim has already been sanctioned by the Jurisdictional Commissioner of Tiruchirapalli. - Thus matter needs re-examination at the end of commissioner of customs, remanded back.

Summary

Issues:
1. Challenge to earlier order by Revenue
2. Consideration of Circular No. 4/2004
3. Conversion of Free Shipping Bills into Drawback Shipping Bills
4. Failure to disclose information during personal hearing
5. Remand for fresh adjudication

Analysis:
The judgment pertains to a case where the Revenue challenged an earlier order of the Tribunal, leading to a remand by the Hon'ble High Court of Bombay. The matter was brought back to the Tribunal for consideration of Circular No. 4/2004, which was not taken into account previously. The appellant had filed ten Shipping Bills and subsequently applied for brand rate for export consignments. The duty drawback on the shipping bills was sanctioned by the Commissionerate, and the appellant was advised to approach the Customs Commissionerate for conversion of Free Shipping Bills into Drawback Shipping Bills. However, during the personal hearing before the Commissioner of Customs, Mumbai, the appellant failed to disclose that their duty drawback claim had already been sanctioned by the Jurisdictional Commissioner at Tiruchirapalli.

Upon thorough consideration of the records, the Tribunal found that the appellant had not informed the adjudicating authority about the sanctioning of their duty drawback claim during the personal hearing. As a result, the Tribunal set aside the impugned order and allowed the appeal by way of remand. The Commissioner of Customs (EP), Mumbai was directed to re-examine the matter for fresh adjudication, taking into account the letter sanctioning the duty drawback claim by the Jurisdictional Commissioner of Tiruchirapalli. The Tribunal emphasized that the appellant should be given a reasonable opportunity to present their case during the remand proceedings, ensuring a fair adjudication process.

In conclusion, the judgment highlights the importance of full disclosure of relevant information during proceedings and the need for a fair opportunity for parties to present their case. The decision to remand the matter for fresh adjudication aims to ensure that all aspects are considered appropriately, in compliance with relevant circulars and legal provisions.