2016 (4) TMI 229 - AT - Customs

Conversion of free shipping bills into draw back shipping bills - Goods cleared under free shipping bills during the period from 5.4.2013 to 16.7.2013 - Availed rebate of the excise duty paid and they were not aware that they could claim drawback for the duty paid on the imported goods used in the manufacture of chemicals exported - Appellant submitted that Board s Circular No.36/2010-Cus., dt. 23.9.2010 prescribes a time limit of three months from the date of the Let Export Order for filing the request for conversion of shipping bill but there is no such limitation provided as per Section 149 of the Customs Act - Held that - the appellant being manufacturer-exporter is entitled to avail draw back and the entire export documents are available on record for verification. In the absence of time bar provision in law, it is open to the authorities to examine the merit of the case since there is no material on record to suggest that the issue is not considerable. - Appeal remanded back

Summary

Issues Involved:
1. Conversion of free shipping bills into draw back shipping bills.

Analysis:
The appellant, a manufacturer-exporter of chemical products, sought to convert free shipping bills into draw back shipping bills for goods exported under 14 shipping bills. The Commissioner rejected the request, leading to the appeal before the Tribunal. The appellant's representative argued that the goods were examined, exported, and excise duty rebates were claimed, unaware of the option to claim drawback for duty on imported goods used in manufacturing. Reference was made to Circular No.36/2010-Cus. and legal provisions regarding time limits for such conversions. The appellant provided export documents for verification, citing relevant Tribunal decisions supporting the conversion.

The Revenue's representative emphasized the significance of the time limit set forth in Circular No.36/2010-Cus. and Section 149 of the Customs Act, asserting that examination for free shipping bills is waived, rendering the export examination and ARE-1 filing irrelevant. The Revenue supported the Commissioner's decision to reject the conversion request, urging the dismissal of the appeal.

After hearing both parties and reviewing the records, the Tribunal acknowledged the appellant's eligibility as a manufacturer-exporter for draw back benefits. Notably, the absence of a statutory time bar provision allowed authorities to assess the case's merit. The Tribunal found no evidence to suggest the issue was not worth considering. Consequently, the Tribunal remitted the matter to the adjudicating authority to determine the convertibility of free shipping bills into draw back shipping bills, emphasizing a fair hearing opportunity. The appeal was allowed for remand based on the Tribunal's previous decisions.

In conclusion, the Tribunal's decision highlighted the appellant's entitlement to draw back benefits as a manufacturer-exporter and emphasized the absence of a statutory time limit, enabling further examination of the case's merits. The matter was remitted for a fresh determination by the adjudicating authority, ensuring procedural fairness in considering the conversion issue.