9911796707
TMI Blog2017 (3) TMI 1631X X X X Extracts X X X X X X X X Extracts X X X X ..... laim has been denied - Held that: - in terms of clause 11 of the General Instructions for the DEPB rates, the appellants are entitled to the lower of the two rates of DEPB. There is no mention of any Entry against which drawback has claimed in the export documents. In these circumstances, the show cause notice could not have given any specific reason for denial of drawback since the claim itsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls have been filed by M/s. Kinetic Engineering Ltd. and Shri U.M. Nesarikar. The appellant, M/s. Kinetic Engineering Ltd. had filed DEPB claim and drawback claim in respect of exports made by them. The said claim was rejected by the lower authorities. Aggrieved by the said order, M/s. Kinetic Engineering Ltd. is in appeal before the Tribunal. In the said order, penalty was also imposed on Shri U.M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Alloy Steel Seamless Pipes/Tube respectively. He argued that the product shaft is nothing but the tube which has been welded to a steering wheel making it a composite product. He argued that in these circumstances, in terms of para 11 of the General Instructions for rate, they are entitled to the lower of the two rates applicable to shaft. He argued that there is nothing in the Entry 416 and 429 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the steering. I find that there is nothing under the Entry 416 or under Entry 429, which excludes the pipes on which some machining has done from the purview of the DEPB Schedule. The said Entry is read as follows :- Sl. No. Export Product Rate (%) Value Cap 416 Seamless Stainless Ste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same on merits. 4.2 I find that penalty of ₹ 2 lakhs has been imposed on M/s. Kinetic Engineering Ltd. on account of claiming inappropriate DEPB. I find that claim of DEPB is not totally inappropriate and the appellants are entitled to lower of the two rates. In these circumstances, penalty of ₹ 2 lakhs is excessive and the same is reduced to ₹ 20,000/- only. 4.3 Penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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