2008 (4) TMI 131 - AT - Customs

Commissioner denied the benefit under DEEC Scheme and also denied duty drawback & hold that if this concessions are already availed by party, they shall be reversed - appellants submitted that draw back has not been claimed in shipping bills - If in some cases, they have not availed the DEEC Scheme benefits as claimed by the appellant, the question of reversal the same doesn t arise - authorities are directed to determine the amounts which is required to be reversed as per Commissioner s order

Summary

Issues:
- Dispute over refund claim rejection by original authority
- Interpretation of Commissioner's order dated 3-11-97
- Appellant's claim for refund balance
- Appellant's argument on liability to pay duty
- Commissioner's order upheld by Hon'ble Supreme Court
- Reversal of benefits under DEEC and duty drawback schemes

Dispute over refund claim rejection by original authority:
The appeal was against the rejection of the refund claim by the original authority, which was upheld by the Commissioner (Appeals). The appellant claimed a refund balance of Rs.77,99,837 after depositing Rs.4,00,00,000 following the Hon'ble Supreme Court's decision. The original authority rejected the claim based on the total amount confirmed by the Commissioner of Customs.

Interpretation of Commissioner's order dated 3-11-97:
The Commissioner's order dated 3-11-97 held goods valued at Rs.6,74,43,408 liable for confiscation and denied benefits under the DEEC Scheme amounting to Rs.4,68,78,932. The Tribunal set aside the order, but the Hon'ble Supreme Court restored it on appeal by the Department. The appellant disputed the interpretation of the order, claiming they only availed benefits for some shipping bills, not all, and clerical mistakes affected the duty payable.

Appellant's claim for refund balance:
The appellant argued that the duty payable should be reworked due to discrepancies in availed benefits and clerical errors. They contended that duty liability arises only for bills where benefits were actually availed. They also challenged the timing of benefit availing and disputed findings regarding exports made after importation under the DEEC Scheme.

Appellant's argument on liability to pay duty:
The appellant acknowledged their duty to pay as per the Commissioner's order but disputed the actual amount payable. They highlighted errors in benefit availing, timing, and duty calculation, emphasizing the need for reevaluation.

Commissioner's order upheld by Hon'ble Supreme Court:
The Hon'ble Supreme Court upheld the Commissioner's order dated 3-11-97, specifying the denied benefits under the DEEC Scheme and duty drawback. The appellant's non-challenge to the quantification of duty in the shipping bills was noted.

Reversal of benefits under DEEC and duty drawback schemes:
The Tribunal clarified that the reversal of benefits applied to both the DEEC Scheme and duty drawback, requiring factual verification of the amount to be reversed. The parties were directed to present detailed worksheets for verification, emphasizing that the order did not reopen settled disputes but aimed to determine the amounts for reversal as per the Commissioner's order.