9911796707
TMI Blog1993 (10) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... arments manufactured by them and exported under claim of drawback under Section 74/75 of the Customs Act, 1962, for belts and garments respectively. The original authority, however, rejected the drawback claim made under Section 74 ibid on the ground that once the imported goods are used in the manufacturing/assembly of the end-product, they go out of the provision of Section 74 ibid even though t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s was allowed under Section 74 ibid. 3. Subsequently vide letter dated 10-8-1993, the applicants submitted copy of order in appeal No. 1529/90-BCH (file No. S/49-67/90 DBK) passed by Collector of Customs (Appeals), Bombay as also order-in-original No. 62923-25 dated 31-7-1989 passed by Assistant Collector (Drawback), Bombay to the above effect. 4. Government after carefully going through the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s/components) are clearly identifiable and visible as the goods on which duty is earlier paid and yet the same, having merged in the identity of the main product, rebate on exports (which is pari passu to drawback) is denied. [Please see Collector of Central Excise, Madras v. Engineering and Industrial Foundary Co. 1987 (31) E.L.T. 594 (T)]. Hence, it is held that separate drawback under Section 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants. From the scrutiny of the export invoices it is also seen that although the unit price of dollar 7.49 includes the value of belt as per cost of break down indicated on the invoice, however, the applicants contend that while working out drawback amount this value of belts has not been included. 7. As there are no findings on this aspect by the lower authorities and Government is also not awa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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