2011 (6) TMI 624 - AT - Customs

Conversion of shipping bills to DEPB-cum-drawback shipping bills - Classification -classification was decided in favour of the appellant - application was rejected as time-barred - Commissioner rejected the request for conversion of DEPB shipping bills to DEPB-cum-drawback on the ground that As per Rule 6(1)(a) and Rule 7(1)(a) of Customs and Central Excise Duties Drawback Rules, 1995, the application for brand rate shall be filed within sixty days from the date relevant for applicability of amount or rate of drawback in terms of sub-rule (3) of Rule 5 of the said rules. No such application was filed - Held that - denial of the benefit is not legal because there is no time limit prescribed in Rule 12(1)(a) to set right such wrong. Therefore, we hold that the impugned order is not maintainable and it is therefore set aside. conversion of shipping bills to DEPB-cum-drawback shipping bills should be allowed the appellant granted drawback as is eligible to it

Summary

Issues:
Classification of goods under Central Excise Tariff, Conversion of DEPB shipping bills to DEPB-cum-drawback shipping bills, Application for fixation of brand rate, Denial of benefits by Customs authorities.

Classification of Goods:
The appellant, a manufacturer of cotton fabric, exported goods under DEPB scheme, leading to a dispute with the department over classification. The department sought to classify the product as "filter cloth" under Chapter Heading 59.11, while the appellant argued for classification under Chapter 52 with nil duty. The Supreme Court upheld the classification under Chapter 52, allowing the appellant to claim drawback. The appellant's application for brand rate fixation was rejected as time-barred, leading to appeals before the Commissioner.

Conversion of Shipping Bills:
The appellant requested conversion of DEPB shipping bills to DEPB-cum-drawback shipping bills, which was denied by the Commissioner citing rules that required the application for brand rate to be filed within a specific timeframe. The Commissioner also relied on CBEC Circular No. 4/2004, stating that such conversion should only be allowed within a month of denial of benefits. The appellant argued that they had continuously claimed drawback benefits and should not be denied based on a time-barred technicality.

Application for Brand Rate:
The Commissioner rejected the appellant's request for conversion based on rules and circulars, emphasizing the need for timely applications and specific conditions for conversion. The appellant contended that they had approached Customs authorities from the beginning for DEPB-cum-drawback shipping bills and should not be penalized for a technicality. The Tribunal considered the appellant's continuous claims for benefits and found the denial unjustified, directing the conversion of shipping bills and granting the appellant eligible drawback benefits.

Denial of Benefits:
The Tribunal found that the impugned order denying the appellant's right to convert shipping bills and claim drawback benefits was not legally maintainable. The order was set aside, and the Tribunal directed that the conversion of shipping bills to DEPB-cum-drawback shipping bills should be allowed, granting the appellant the eligible drawback benefits. The decision emphasized the continuous efforts of the appellant to claim benefits and the lack of a specific time limit in the relevant rule to rectify the denial of benefits.