1992 (3) TMI 93 - CGOVT - Customs

Summary

Issues: Review of order-in-appeal regarding drawback claim under Section 74 of the Customs Act, 1962

Detailed Analysis:

1. Review Proposal Background:
The Collector of Customs, Bombay filed a review proposal against an order-in-appeal passed by the Collector of Customs (Appeals), Bombay. The case involved M/s. Jay Insulators, Baroda, who imported F.C.M. Flanges made of aluminum and later re-exported them after fitting in porcelain housings, claiming drawback under Section 74 of the Customs Act, 1962.

2. Assistant Collector's Rejection:
The Assistant Collector of Customs rejected the drawback claim stating that the goods re-exported were not the same as imported, as the description on the bill of entry indicated F.C.M. flanges, while the goods exported were porcelain housings with fitted flanges. The examination report and other documents also supported this discrepancy.

3. Appeal and Impugned Order:
The respondents appealed to the Collector (Appeals) who allowed their claim, leading to the review proposal by the Collector of Customs, Bombay.

4. Show-Cause Notice and Hearing:
A show-cause notice was issued to the respondents, and they were heard in person through their advocates. The government carefully reviewed the case records and submissions made by the respondents.

5. Interpretation of Section 74:
The government emphasized that under Section 74 of the Customs Act, a detailed analysis of components for calculating drawback is not permissible for field Customs officers. Such assessments are better suited under Section 75 or by a specialized body like the Directorate of Drawback. The focus should be on whether the description of imported and exported goods matches, rather than individual components.

6. Requirement for Identical Goods:
The judgment highlighted that for claiming drawback under Section 74, the description of imported goods must match the exported goods precisely. In this case, as the descriptions differed between the Bill of Entry and Shipping Bill, the benefit under Section 74 was deemed unavailable.

7. Manufacturing Process and Exported Goods:
The government rejected the respondent's argument that mounting housings did not constitute manufacturing for Section 74 purposes. It was noted that the exported goods were porcelain housings, not the originally imported F.C.M. flanges, indicating a different commodity created through a manufacturing process.

8. Decision and Referral for Examination:
The order-in-appeal was set aside, and the matter was referred back to the Assistant Collector to determine if the export could fall under any item in all-India rates for drawback consideration. If not, there was no provision for the respondents to claim drawback.

Conclusion:
The judgment clarified the interpretation of Section 74 of the Customs Act regarding drawback claims, emphasizing the need for identical goods between imports and exports and the limitations on detailed component analysis by field Customs officers. The decision set a precedent for future drawback claims under similar circumstances.