2006 (5) TMI 41 - AT - Customs

EXIM-DEPB- Handicraft Flat granite shaped article used as souvenir and tombstone accessory Held Article was covered as handicraft in DEPB Scheme

Summary

Issues:
1. Classification of exported granite articles as "Handicrafts" for DEPB benefit eligibility.
2. Disallowance of DEPB benefit by the original authority.
3. Consideration of natural justice principles in disallowing DEPB benefit.
4. Appeal against the Commissioner's order granting DEPB benefit to the exported items.

Analysis:
1. The primary issue in this case revolves around the classification of the exported granite articles as "Handicrafts" for eligibility under the DEPB scheme. The original authority had denied DEPB benefit, considering the items to be not falling under the category of "Handicrafts." However, the Respondent provided a letter from the Development Commissioner (Handicrafts), Government of India, supporting the classification of the items as Artistic, Decorative Stone Articles and Handicrafts. The Commissioner also referenced a judgment to argue for the classification of the items as Handicrafts.

2. The second issue concerns the disallowance of DEPB benefit by the original authority based on the perception that the items did not qualify as Handicrafts. The Commissioner, after thorough examination and considering the opinion of the Development Commissioner, concluded that the items indeed met the criteria for being classified as Handicrafts. The Asst. Commissioner also supported this view in a subsequent order, granting DEPB benefit for the items in question.

3. Natural justice principles were brought into consideration regarding the disallowance of DEPB benefit by the original authority. The Commissioner noted a previous judgment to highlight the importance of following natural justice principles in such matters. The argument was made that the original authority did not follow these principles in disallowing the DEPB benefit on the exported articles, further supporting the case for granting the benefit.

4. The final issue pertains to the appeal against the Commissioner's order granting DEPB benefit to the exported items. The appellate tribunal, after careful consideration, upheld the Commissioner's decision. It was noted that the items, despite some machine work, qualified as Handicrafts as per the criteria established by the Apex Court. The tribunal confirmed the Commissioner's order, rejecting the Revenue's appeals and affirming the eligibility of the items for DEPB benefit.

In conclusion, the judgment extensively analyzed the classification of the exported granite articles as Handicrafts, the disallowance of DEPB benefit, the consideration of natural justice principles, and the subsequent appeal against the Commissioner's decision. The tribunal ultimately upheld the classification of the items as Handicrafts and the eligibility for DEPB benefit, emphasizing the visual appeal and artistic nature of the items despite some mechanical work done on them.