9911796707
|
Home
Issues involved:
Classification of exported goods for drawback claim under the relevant Drawback Schedule. Detailed Analysis: - The Revision Application was filed against the Order-in-Appeal passed by the Commissioner of Customs regarding the classification of goods exported by M/s Angel Marketing & Finance Pvt. Ltd. The goods were declared as Cast Alloy Permanent Magnets in unmagnetised condition, with a total declared FOB value and weight mentioned. The original authority classified the goods as "Ferrous Alloy" and allowed drawback under a specific classification, which was challenged by the respondent in an appeal before the Commissioner of Customs (Appeals) who set aside the original order. - The grounds for Revision included discrepancies in the description of goods by the supplier, lack of reference in registers, and a circular from the Ministry of Finance clarifying the classification of Cast Alloy Permanent Magnets. The respondent was given a notice to show cause, and submissions were made by Chartered Accountants representing the respondent. - The Government considered the evidence presented, including statements, documents, and test reports. The Circular from the Ministry of Finance was analyzed, which clarified the composition of Cast Alloy Permanent Magnets primarily out of Cobalt, Nickel, and Iron (Pure). The Government also referred to the Electrical Encyclopedia regarding magnetic materials and their classification. - The applicant Commissioner raised concerns about the timing of investigations and the availability of information during the original proceedings. However, the Government noted the timeline for filing appeals and questioned the delay in seeking a hearing. - After thorough consideration, the Government upheld the Order-in-Appeal and rejected the Revision Application based on the analysis of evidence, classification criteria, and procedural aspects.
|
