2017 (5) TMI 595 - AT - Customs

Duty Drawback - All Industry Rates - whether the appellant is eligible for drawback (All Industry Rates) on the goods exported by him by under shipping bill? - Held that - Board Circular dated 23.09.2010 is very clear and it is does not lay down any limit for all industry rates duty drawback on goods exported by free shipping bills without conversion of duty drawback shipping bills as per Rule 12(1)(a) of the Customs Central Excise Drawback Rules - the adjudicating authority has not recorded any findings as to whether the shipping bills conversion can be allowed as per the Board Circular dated 23 09.2010 (Clause 4) - the issue needs reconsideration by the adjudicating authority with reference to the Board Circular dated 23.09.2010 (Clause (4)) and also Provision of Duty Drawback Rules - appeal allowed by way of remand.

Summary

Issues:
- Eligibility for duty drawback on goods exported under shipping bills
- Interpretation of Board Circular No. 36/2010-Customs dated 23.09.2010
- Conversion of free shipping bills to duty drawback shipping bills
- Applicability of Rule 12 of the Customs Central Excise Drawback Rules
- Consideration of individual requests on merits
- Compliance with principles of natural justice

Analysis:
1. Eligibility for Duty Drawback: The appeal raised the issue of whether the appellant is entitled to duty drawback on goods exported under specific shipping bill numbers. The appellant initially claimed duty drawback, which was later disallowed by the Department due to a delay in the request beyond three months from the Let Export Order date.

2. Interpretation of Board Circular: The appellant's counsel referred to paragraph 4 of Board Circular No. 36/2010, emphasizing that duty drawback under free shipping bills should be allowed without conversion into duty drawback shipping bills. The counsel cited a Supreme Court judgment to support the argument that lack of awareness of the correct legal position should not be a reason for denying conversion.

3. Conversion of Free Shipping Bills: The Department argued that the appellant initially filed shipping bills claiming benefits under a different scheme and later submitted free shipping bills without indicating the EPCG license. The Department contended that any conversion of exports should be done at the Let Export order stage.

4. Applicability of Rules: The Tribunal noted that the adjudicating authority did not address whether the conversion of shipping bills was permissible under the Board Circular. The Tribunal emphasized that the Circular did not impose any time limit for claiming duty drawback under all industry rates on goods exported via free shipping bills.

5. Consideration of Individual Requests: The Tribunal directed the adjudicating authority to reconsider the issue in light of the Board Circular and the Supreme Court judgment. The authority was instructed to evaluate each request on its merits and ensure compliance with the principles of natural justice.

6. Compliance with Principles of Natural Justice: The Tribunal set aside the impugned order, allowing the appeal by way of remand. The adjudicating authority was given a timeline of three months to re-examine the matter and make a fresh decision, considering the directives of the Board Circular and the Supreme Court judgment.

This detailed analysis of the judgment highlights the key issues, arguments presented by both sides, and the Tribunal's directions for reconsideration, ensuring a thorough understanding of the legal complexities involved in the case.