DEPB credit revised rates governed by later public notice, with the claim remanded for verification of export eligibility.

The dispute concerned entitlement to DEPB credit at revised rates notified by Public Notice No. 62 (RE-2002)/2002-2007, effective from 1-4-2002, rather than the lower rates applied by the department. The Tribunal noted that the subsequent public notice governed the revised rates and their period of effectiveness for covered items, but the claim required verification of the applicable exports by the jurisdictional adjudicating authority. The matter was therefore remanded for reconsideration under the revised DEPB rates, and no final merits decision was made by the Tribunal.

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Issues: Whether the appellant was entitled to DEPB credit at the revised rates notified by Public Notice No. 62 (RE-2002)/2002-2007 dated 17-2-2003, with effect from 1-4-2002, instead of the lower rates applied by the department.

Analysis: The dispute turned on the effect of the subsequent public notice revising DEPB rates and stating that, for covered items, the revised rates and the period of their effectiveness would be governed by the notice and its annexure. Since the claim required examination of the revised rates and their applicability to the exports in question, the matter could not be finally concluded without verification by the jurisdictional adjudicating authority.

Conclusion: The appellant's claim was not finally decided on merits by the Tribunal, and the matter was remanded for application of the rates revised by Public Notice No. 62 (RE-2002)/2002-2007 dated 17-2-2003.

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