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TMI Blog2011 (3) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... - This Revision Application is filed by M/s. Gurnani Metals Pvt. Ltd., H-5 MIDC, Ambad, Nashik against the Order-in-Appeal No. AKD/108/NSK/2008, dated 19-5-2008 passed by Commissioner (Appeal) of Customs and Excise, Nashik with respect of Order-in-Original No. 01/CUS/2008 dated 15-2-2008 passed by Deputy Commissioner, Customs, CFS/ICD, Ambad. 2. Brief facts of the case are that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-2001, Drawback is allowed on re-export of duty paid on imported goods. Since no duty has been paid (goods were imported through debit in DEPB license), it was alleged that the Applicant was not entitled for the drawback amount. Show Cause Notice was issued and adjudicated vide impugned order-in-original. 3. Being aggrieved by the said Order-in-Original, applicant filed appeal before Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue (PMV) as Rs. 5,45,637/- which is much more than the value of the drawback claim. 4.3 Circular No. 75/2000, dated 11-9-2000 stated that debiting the duty against the DEPB credit scrip is nothing but payment of duty and shall be treated as duty paid in cash. 4.4 The said notification has been issued under Section 74(2) of Customs Act, 1962, which is for grant of drawback in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejected by the lower authorities and now the said orders are contested in the instant revision application. 8. Government observes that the goods were re-exported under DEPB Shipping Bill and drawback is claimed, of duty paid on their importation through DEPB Scrip. The FTP 2004-09 (Vol. I) para 4.51 and C.B.E. & C. Circular 75/2000-Cus., dated 11-9-2000 stipulates that in such cases the DEP ..... X X X X Extracts X X X X X X X X Extracts X X X X
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