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TMI Blog2008 (8) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... tz wrist watches with gold bracelet prior to 1st April, 1999, in our view, had rightly claimed benefit of the 21% credit rate under the DEPB Scheme as the above rates, which were notified by the Directorate General of Foreign Trade were to cover exports made on or after 15th April, 1998. Moreover, the public notice dated 31st March, 1999 was amendatory in nature and could only govern export transactions executed after 1st April, 1999. Appeal dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... 97, the Director General of Foreign Trade hereby notified the Handbook of Procedures (Vol. 1) (Revised Edition - March, 99), 1997-2002, as contained in Annexure to the Public Notice. This shall come into force from 1st April, 1999. This issues in public interest.' (emphasis supplied) 6. On 31st March, 1999 the following was also inserted as generl instruction No. 4 in Appendix 28A of the Handbook of Procedure :- 'The DEPB rate aims to neutralize the incidence of duty on the inputs used in the export product. Therefore, the DEPB rates as given in Appendix 28A refer to normally tradable/export ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reasoning adopted by the Three Member Bench of the CEGAT to the effect that so far as inputs and output norms are concerned the subject consignment falls under Sl. No. B132 i.e. Quartz Analog Watches: case with or without integrated bracelet Watch Straps/Bracelets. The consignment in question in this petition has been duly exported and it is not controverted that valuable foreign exchange has already come into country. The very fact that the consignment was permitted to be exported by the Customs Department at least leads to the position that the Authorities/Department concerned construed the Notifications in the manner understood by the Petitioners. The only conclusion which can be arrived at is that the Department did not articulate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce with the general instruction No. 4/general Para No. 4 introduced on 31st March, 1999 inasmuch as it admits that gold watches are covered under the generic description of watches. 10. Consequently, the respondents who had exported quartz wrist watches with gold bracelet prior to 1st April, 1999, in our view, had rightly claimed benefit of the 21% credit rate under the DEPB Scheme as the above rates, which were notified by the Directorate General of Foreign Trade were to cover exports made on or after 15th April, 1998. Moreover, the public notice dated 31st March, 1999 was amendatory in nature and could only govern export transactions executed after 1st April, 1999. 11. In the result, since the view taken by the learned Single ..... X X X X Extracts X X X X X X X X Extracts X X X X
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