9911796707
TMI Blog2018 (7) TMI 1932X X X X Extracts X X X X X X X X Extracts X X X X ..... 07 introduced a Duty Free Credit Entitlement (DFCE) Scheme to accelerate growth in exports by rewarding star export houses, who had achieved a quantum growth in exports. High performing star export houses were entitled for duty free credit based on incremental exports, substantially higher than the general annual exports target fixed. The DFCE was issued to the appellant for quantum growth in Financial Year 2003-04 over the Financial Year 2002-03 at the prescribed rate. Vide Notification of Customs bearing No. 53/2003-CUS dated 01.04.2003, the Holder of DFCE Certificate was entitled to import goods which were exempted from payment of :- i) Whole of duty of customs leviable under First Schedule of Customs Tariff Act, 1975; ii) Whole of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 11AB read with Rule 15 of the Cenvat Credit Rules 2004 and Rule 25 of the Central Excise Rules 2002. Hence, the present appeal before the Tribunal. Revenue has filed cross objection. 3. Heard both sides and perused the appeal records. 4. We find that on 01.04.2003, the Central Government, through the relevant exim policy 2002-07, introduced DFCE scheme to accelerate growth in exports by rewarding star export houses, who had achieved a quantum growth in exports and the appellant company having received the quantum growth was granted DFCE Certificate. By Notification No. 6(RE-2005)/2004-09 dated 4.6.2005 issued by the DGFT, New Delhi, Central Government, para 3.7.2.1. after notes 7 in the exim policy 2002-07 as amended whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification in the Official Gazette, the export and import policy and may also in the like manner, amend that policy. (upto above corrected) 7. In the aforesaid provisions of the aforesaid acts, the Central Government by appropriate notification formulate and announce the exim policy 2002-07 and amend the same. Para 3.7.2.1 of the policy provided for DPC scheme and it was amended by notification No. 6(RE)/05/04-09 dated 4.6.2005, whereby Note-8 was inserted, which provided that additional customs duty / excise duty paid in cash or through debit under the DFCE entitlement certificate, would be adjusted as Cenvat credit as per rules framed by the Department of Revenue. The Department of Revenue, by its circular dated 13,10.2006 clarified th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of the appellants i.e. the shortage was due to difference arising on account of weighment on different weigh bridges. Such quantity works out to be only 1.15% of the total quantity 7375 MT. We observe that such percentage of shortage is not made the goods having different calibrations. 10. On perusal of records we do not find any ingredient of mis- statement, suppression of facts etc., with an intent to evade payment of duty. Accordingly, no penalty is imposable under section 11AC read with Rule 15 of the Cenvat Credit Rules, 2004 and Rule 25 of the Central Excise Rules, 2002. The Cenvat credit of additional customs duty paid under TP Scheme from the date of its operationalization is allowed. 11. In view of the above discussions, it i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
