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Issues:
- Appeal against rejection of drawback claim under Section 76(1)(b) of the Customs Act, 1962. - Market value determination of damaged goods for drawback claim. - Application of Sections 74, 76, 22, 20, 149, and 14(1)(a) of the Customs Act, 1962. - Examination of goods, export procedure, and claim for drawback. Analysis: 1. The case involves an appeal against the rejection of a drawback claim under Section 76(1)(b) of the Customs Act, 1962. The appellants imported a spectrometer, which was found extensively damaged post-clearance. They exported the damaged goods for repair without claiming drawback initially. The Assistant Collector rejected the drawback claim, citing the market value of the damaged goods as scrap value. The Appellate Collector upheld the rejection, leading to the appeal before the Tribunal. 2. The appellants argued that the lower authorities erred in determining the market value of the damaged goods. They contended that the market value should be based on the normal price or ARL report, which exceeded the drawback claim amount. Additionally, they highlighted that the damaged goods were covered by a warranty, indicating a higher market value. The appellants also presented evidence of offers received by the insurance company, suggesting a higher market value than the calculated salvage value. 3. The Department's argument focused on the appellants' awareness of the goods' damaged condition upon import. They emphasized the procedural deviations by the appellants, including not exporting the goods under a drawback shipping bill. The Department supported the lower authorities' decision to consider the salvage value as the market value due to the lack of a wholesale market for such damaged goods. 4. The Tribunal noted the appellants' deviation from statutory provisions, such as not involving Customs in the initial examination of damaged goods. They highlighted the irregularity in exporting the goods without a drawback shipping bill. The Tribunal agreed with the lower authorities' approach in determining the market value based on salvage value provided by the foreign suppliers, which was significantly lower than the drawback claim amount. 5. Ultimately, the Tribunal dismissed the appeal, affirming the rejection of the drawback claim. They found the lower authorities' decision legally sustainable, considering the market value determination based on salvage value. The Tribunal rejected the appellants' arguments regarding higher market value estimates post-export and upheld the decision based on the provided salvage value. This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, and the Tribunal's reasoning for dismissing the appeal against the rejection of the drawback claim.
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