2008 (3) TMI 289 - AT - Customs

Request of conversion of Free Shipping Bills into Drawback Shipping Bills - conversion of Free Shipping Bills should be considered by the authorities keeping in view the scheme of the duty draw back - scheme of duty drawback is beneficial legislation to encourage the export - If that be so, reasoning that the duty drawback claimed is Brand rate and not the Industry rate cannot be a reason for rejecting conversion of free shipping bills to duty drawback shipping bills

Summary

Issues:
Appeal against rejection of conversion of Free Shipping Bills into Duty Drawback Shipping Bills.

Analysis:
1. Facts and Background:
The appellant, a builder of bus bodies on imported chassis, imported chassis from China free of cost in SKD condition for making bus bodies. Initially, they applied for Brand Rate on exported vehicles, which was denied due to a lack of duty paid documents. Subsequently, they started procuring duty paid material for exporting buses and filed Free Shipping Bills. The Ministry advised them to convert Free Shipping Bills into Drawback Shipping Bills, which was rejected by the Commissioner.

2. Appellant's Arguments:
The appellant's counsel argued that the conversion should be allowed as duty paid inputs were used in manufacturing. They cited Rule 17 of Customs, Central Excise Duties, and Service Tax Drawback Rules, 2006, and previous Tribunal decisions supporting conversion in similar cases.

3. Respondent's Arguments:
The SDR reiterated the adjudicating authority's findings, stating that conversion is governed by Customs Act and Drawback Rules. He argued that Circular No. 4/2004 specifies guidelines for such conversions and does not apply to Brand rate duty drawback.

4. Tribunal's Decision:
After considering submissions and records, the Tribunal noted that the appellant exported buses with Free Shipping Bills initially but later received Brand rate sanction. The Tribunal emphasized that duty drawback is a beneficial legislation to encourage exports and conversion should be considered in line with the scheme. Citing a previous Tribunal case, the Tribunal held that the conversion request should be allowed, and the duty drawback amount determined by the Customs House.

5. Conclusion:
The Tribunal found in favor of the appellant, setting aside the lower authority's decision and directing the conversion of Free Shipping Bills into Duty Drawback Shipping Bills. The appeal was allowed, emphasizing the importance of facilitating duty drawback benefits for exporters under the applicable scheme.

This detailed analysis highlights the key arguments, legal provisions, and precedents considered by the Tribunal in reaching its decision to allow the conversion of Free Shipping Bills into Duty Drawback Shipping Bills for the appellant.