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Issues:
1. Rejection of drawback claim under Section 74 of the Customs Act, 1962. 2. Interpretation of Section 74 regarding the identity of exported goods. 3. Connection between packing material and manufacture of goods. 4. Application of Section 75 and Section 74 of the Customs Act, 1962. 5. Presumption of drawback on packing material in export. Analysis: The judgment involves a review proposal filed against an order-in-appeal rejecting a drawback claim under Section 74 of the Customs Act, 1962. The case revolved around the export of Cashew Kernels packed in imported OTS cans, with the claimant seeking drawback on various components. The Assistant Collector rejected the claim citing non-verification of goods' identity, PMV, and FOB value. However, the Collector of Customs (Appeals) accepted the claimant's argument based on examination reports verifying the goods' identity with imported samples. The central issue addressed in the judgment was the interpretation of Section 74 concerning the identity of exported goods. The judgment emphasized that when goods are exported as part of a composite commodity, the description accepted for customs purposes governs the drawback claim. It clarified that Section 74 applies when the exact imported goods are re-exported, not when goods are exported as part of a manufacturing process. The judgment cited precedent to support this interpretation, highlighting the distinction between re-exporting the exact goods and exporting them as part of a manufacturing activity. Furthermore, the judgment delved into the connection between packing material and the manufacture of goods. It noted that while packing material may not always constitute manufacture, it is considered an activity connected with manufacturing under the Central Excise Act. The judgment distinguished between the application of Section 75 and Section 74, stating that export under Section 74 is excluded when packing material is used in manufacturing activities. Additionally, the judgment discussed the presumption of drawback on packing material in exports. Referring to a public notice, it highlighted that drawback rates for exported goods generally include packing material unless specified otherwise. The judgment emphasized that the scheme of drawback rules implies that packing material is subsumed under the product being re-exported, even if drawback on the material itself is not explicitly claimed. In conclusion, the government, exercising powers under Section 129DD of the Customs Act, annulled the order-in-appeal and reinstated the original order. The review proposal by the Collector of Customs (Judicial) succeeded based on the detailed analysis provided in the judgment.
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