9911796707
TMI Blog2016 (8) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of DGFT makes this clear. Therefore the benefit of 4% at the rate on FOB value in drawback schedule cannot be denied. The restriction of drawback claim to ₹ 1,34,820/- (calculating @ 1%) by classifying the product as 'others' is not legal or proper. Decided in favor of assessee. - E/26525-26526/2013 - Final Order No. A/30574-30575/2016 - Dated:- 1-7-2016 - Ms. Sulekha Beevi, C.S. Member (Judicial) Shri N. Ram Reddy, Advocate for the Appellant. Ms. Soumya, Deputy Commissioner (AR) for the Respondent ORDER The issue involved is whether the appellant's claim of draw back at the rate of 4% on the FOB value of the impugned export product Metformin HCL USP/PH EUR against Tariff item no. 2925209002 in the dra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t contends that therefore the goods have to be reclassified as 'others' under S.No. 2925000099 and only 1% of FOB value can be allowed as draw back. 5. The learned counsel for appellant has adverted attention to the Circular No. 48/2011-Cus-dated 31.10.2011 and Circular No. 37/2013-Cus-dated 14.09.2013. The relevant portion of Circular No. 48/2011-Cus-dated 31.10.2011 is extracted as under: Certain doubts have been expressed about classification of few erstwhile DEPB items in the drawback schedule wherein it has been pointed out that the classification under drawback schedule does not match with the classification as provided in the Customs Tariff. In this regard attention is invited to the para (1) of the notes and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the export benefits under DEPB/Drawback schemes. Based on the above clarification, you may allow the exporter to file the shipping bills with suffixes IP/ Bp/ EP/ USP for the purpose of claiming DEPB/Drawback Schemes. The above clarification is given as per your request letter dated 7.6.2011. 8. The policy Circular No. 35/2009-14 dated 03.06.2010 is with regard to the subject interchangeability of pharmocopeia suffix USP/ EP/ BP/ UP/ IP with the export product fulfillment of Export obligation. The relevant portion reads as under: From the above, it seen that even if a firm does not use any suffix, they are allowed to export the product with suffix BP or JP or USP as the case may be. It is thus clarified here that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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