2017 (6) TMI 1224 - AT - Customs

Claim for drawback rejected - Principles of Natural Justice denied - Duty Drawback u/s 74 of CA, 1962 - non consideration on the evidence submitted by of the exported goods being the same as those imported and that suppositions and presumptions were the basis for the action taken against them - Held that - It is seen that material detail pertaining to the import and export consignments do exist. It is also seen that the impugned order had not ventured to examine whether these do match - reliance placed in the case of IN RE STAR WIRE (INDIA) LTD. 2010 (11) TMI 823 - GOVERNMENT OF INDIA - a proper appreciation of the details available for ascertainment is not demonstrated. To fulfill this requirement, the impugned order is set aside the matter remanded that the original authority for the fresh decision - appeal allowed by way of remand.

Issues:
1. Claim for drawback under section 74 of Customs Act, 1962 rejected due to discrepancy between imported and exported goods.
2. Adjudicating authority's failure to consider evidence submitted by the appellants.
3. Challenge to the impugned order's findings on missing markings and inappropriate treatment of witness evidence.
4. Compliance with legal requirements and precedents regarding identification of goods for drawback claims.
5. Lack of proper appreciation of available details in the impugned order.

Analysis:
1. The case involved the rejection of a claim for drawback under section 74 of the Customs Act, 1962 due to discrepancies between the imported and exported goods. The goods, 'diamond studded steel wristwatches,' were imported by M/s Unity Diamonds from Hong Kong and later sought to be exported for drawback. However, an investigation revealed evidence suggesting that the exported goods did not match the imported ones, leading to the rejection of the claim and imposition of penalties.

2. The appellants argued that the adjudicating authority did not consider the evidence they submitted to prove the identity of the exported goods with the imported ones. They contended that the authority relied on suppositions and presumptions, disregarding the details provided by them during the assessment. The appellants also challenged the authority's findings on missing markings and the treatment of witness evidence during cross-examination.

3. The appellants relied on legal precedents, including the decision in Collector of Customs v. Madura Coats and Star Wire (India) Ltd, to support their case. They argued that the impugned order did not align with the law and rules governing the re-export of imported goods and drawback claims. The Authorized Representative reiterated the contents of the impugned order.

4. Upon reviewing the documents and legal precedents cited, the Tribunal noted that essential requirements for identifying goods for drawback claims were not adequately addressed in the impugned order. Citing the decisions in Madura Coats and Star Wire (India) Ltd, the Tribunal emphasized the importance of matching import and export details to establish the identity of goods. Consequently, the Tribunal set aside the impugned order and remanded the matter to the original authority for a fresh decision.

5. The Tribunal concluded that a proper appreciation of the available details for ascertaining the identity of the goods was lacking in the impugned order. To address this deficiency, the Tribunal set aside the order and directed a re-examination by the original authority. Ultimately, the appeals were allowed based on the need for a more thorough consideration of the details to determine the identity of the goods for the drawback claim.

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