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TMI Blog2005 (9) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... ollows : Civil Appeal Nos. 2636-2639/2001 are filed against the judgment and order dated 6th September, 2000 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos. C/409-411/99A and C/20/2000A and Civil Appeal Nos. 3403-3407/2001 are filed against the judgment and order dated 24th October, 2000 in Appeal Nos. C/434, 435, 437, 438, 439/1998 whereby the Tribunal after appreciating the facts arrived at the conclusion that for the goods which were sought to be exported there was no over-valuation By the assessee concerned and, therefore, the goods were not liable to confiscation. Hence the order passed by the Tribunal does not call for any interference. With regard to the other issues decided by the Tribunal, in our view, they are not required to be dealt with in these appeals and are left undecided. These appeals are dismissed accordingly. There shall be no order as costs. 2. I.A. Nos. 11-14/2003 would not survive and stand disposed of, accordingly . Indubitably, the Apex Court gave its imprimatur only to the decision pertaining the confiscation of the goods on the grounds of over-valuation. Nothing more can be extracted from the dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment that the goods were not of the kind generally traded/exported and, therefore, could not be covered under the DEPB Scheme. The Larger Bench of the CEGAT, comprising 3 Learned Members drawn from different disciplines/experience, had paraphrased one of the arguments put forward on behalf of the Petitioners in the following manner - (ii) General instruction No. 4 under Appendix 28A to the Handbook of Procedure [Volume 1] pertaining to Exim Policy 1997-2002, relied on by the Department to deny DEPB benefit to the wrist watches in question, was incorporated in Appendix 28A only w.e.f. 1-4-1999 and was not in force at the time of filing of the shipping bill; Quartz analog watches very much figured at Sl. No. 37 under Product Group Code 83 in the table of DEPB credit rates for the relevant period and, therefore, were eligible for DEPB benefit at the rate of 21% of the FOB value . The CEGAT held that the goods in question, i.e. Quartz Analog Watches with integrated bracelet were required to be assessed FOB value as a single unit. It also held that the Department s allegation that the gold bracelets were attached to ordinary watches for the purpose of over-valuation with intent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... role to play in determining eligibility to tax and it is for the legislature to determine the same. 37 But just as reliance upon equity does not avail an assessee, so it does not avail the Revenue. Thus if the Income-tax Act did not contain any provision making successor in business or the legal representative of an assessee liable to pay tax on the profits of the original assessee, the legal representatives could not be so taxed. 38 33 Express Mill v. Municipal Committee, Wardha , AIR 1958 SC 341, p. 344 : 1958 SCR 1102; CIT v. Karamchand Premchand Ltd ., AIR 1960 SC 1175, p. 1182: 1960 (3) SCR 727; Board of Revenue, U.P. v. Sidhnath Mehrotra , AIR 1965 SC 1092, p. 1095; C.A. Abraham v. ITO, Kottayam , AIR 1961 SC 609, p. 612; 1961 (2) SCR 765; J.K Steel v. Union of India, AIR 1970 SC 1173, p. 1182; Collector, E.D . v. R. Kanakasabai , AIR 1973 SC 1214, p. 1218 : (1973) 4 SCC 169; CIT v. N.H. Tea Co ., AIR 1973 SC 2524, p. 2526 : (1973) 4 SCC 200; Diwan Brothers v. Central Bank, Bombay , AIR 1976 SC 1503, p. 1508 : (1976) 3 SCC 800; Petron Engineering Construction Pvt. Ltd . v. Central Board of Direct Taxes , AIR 1989 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rospectively, even in the teeth of the statement that it would apply from 1-4-1999. Mr. Rajiv Sakhdar, learned counsel appearing on behalf of Respondent, has drawn attention to the asseveration made in the Counter Affidavit in order to show that the export of Quartz watches with gold straps was not what was envisaged at the time when 21% DEPB credit was notified for such exports. The question is how the Notifications are to be reasonably read by any person in the trade. In this regard I would entirely agree with 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/Brace-lets. 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 conclusi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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