2004 (7) TMI 167

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..... l. The Asstt. Commissioner of Customs, S.I.I.B. (Export), Mumbai-400 038, held that the appellant has violated the provisions of Sections 50(2) and 75 of the Customs Act, 1962 and Rule 3 of Drawback Rules, 1995, Section 3(3) of the Foreign Trade Development and Regulation Act, 1992 and the provisions of Section 114(iii) of the Customs Act, 1962 and ordered confiscation of five subject consignments .....

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..... he staff of the appellant that the Department gathered the evidence with regard to the price of the goods. Hence, the Asstt. Commissioner of Customs confirmed the demand. 5. It is found that the Commissioner of Exports has failed to appreciate that the item under export was free of any restrictions under Export-Import Policy or anyother law. The only requirement was that the goods should be expo .....

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..... find no reason to uphold the order of the Commissioner, and set it aside for want of material evidence to sustain the same. 5.(a) We also find that the Commissioner has erred in concluding that in this case since the export was being made on a credit of 180 days and the appellants had therefore added the elements of interest in their price and that such element was not acceptable for payment of .....

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..... try. Therefore, the factoring of all these reasons in the export price would be a normal commercial reason for negotiation for an exporter. Nothing would turn on the element of interest as determined by the Commissioner. All costs that go to compute the export price i.e. FOB value would be eligible for reckoning the drawback payable. (ii) Rule 3 of the Drawback Rules '95, no where specifi .....

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..... es, including the skill of the seller and the gullibility of the buyer - Government on one hand may have to give higher quantum of drawback, but at the same time, the country gets significant amount of foreign exchange. Revaluation of drawback cannot be made when export value was indeed more than the amount of drawback claimed. Order of repayment of a part of drawback amount fails to sustain as pe .....

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