2008 (2) TMI 212 - AT - Customs

Export of Mens Woven Trousers against EPCG Licence - appellants by a mistaken belief didn t file Drawback Shipping Bill on the misconception that if the export is done against an EPCG Licence, then drawback is not eligible - On realizing mistake they approached to convert free shipping bills in to drawback shipping bills to claim eligible drawback - Just because the Customs Authority didn t object for the benefit of the EPCG Scheme, it doesn t mean that the draw back claim should be rejected

Summary

Issues Involved:
- Export of goods against an EPCG License without filing Drawback Shipping Bill.
- Commissioner's rejection of the request for granting drawback.
- Interpretation of Drawback Rules and Circulars.
- Applicability of case laws on conversion of shipping bills.
- Allegation of violation of principles of natural justice.

Analysis:

Export against EPCG License without Drawback Shipping Bill:
The appellants exported goods under an EPCG License without filing a Drawback Shipping Bill due to a mistaken belief that drawback is not eligible under such circumstances. They later sought rectification from Customs Authorities to grant them eligible drawback as per Rule 12 (1) (a) of the Customs and Central Excise Duties Drawback Rules. The Commissioner rejected the request citing provisions of the Drawback Rules and a Board's Circular, emphasizing that conversion of free Shipping Bills into Drawback Shipping Bills is not permitted.

Commissioner's Rejection of Drawback Request:
The Commissioner, in the impugned order, denied the drawback claim, stating that the relaxation under Rule 12 (1) (a) applies only to All Industry Rates of drawback, not brand rate of duty drawback claimed under specific rules. The appellants contested this, asserting they never claimed brand rate drawback. Additionally, the Commissioner cited a Circular requiring denial of export promotion benefits by Customs for converting shipping bills, which was not the case here. The rejection was based on incorrect interpretations and distinctions, leading to an unsatisfactory reasoning for refusal.

Interpretation of Drawback Rules and Circulars:
The Tribunal observed discrepancies in the Commissioner's understanding of the appellant's claim, emphasizing that the EPCG scheme's benefits do not affect drawback entitlement. Drawback is an export incentive unrelated to EPCG obligations, focusing on returning duty incidence on exported goods. The Tribunal found the Commissioner's reasoning inadequate and directed a De novo decision, stressing the need for proper verification of facts related to the drawback rate claimed to ensure rightful relief.

Applicability of Case Laws on Shipping Bill Conversion:
The learned Advocates relied on various case laws highlighting the entitlement to convert free shipping bills into drawback shipping bills without proving coercion by Customs. These precedents emphasized the right of genuine cases to seek relaxation under relevant rules, underscoring the importance of fair treatment and adherence to procedural requirements.

Allegation of Violation of Principles of Natural Justice:
The appellants contended a violation of natural justice principles due to the absence of a Show Cause Notice from the Commissioner. This procedural lapse raised concerns about the fairness and transparency of the decision-making process, warranting attention to procedural safeguards in administrative actions.

In conclusion, the Tribunal allowed the appeal by remanding the matter for a fresh decision by the Commissioner, emphasizing the need for accurate assessment of the drawback claim and adherence to legal provisions and precedents to ensure a just outcome.