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SC held that the Customs Circular No. 35/2010-Cus is explanatory and retrospective in nature, clarifying the 1% customs duty drawback benefit for merchant exporters who availed CENVAT credit. The court set aside the High Court's impugned judgment, granting the appellant the 1% AIR Customs Duty Drawback on exports from 2008, emphasizing that the circular resolves prior ambiguities without creating new rights or imposing additional burdens on the department. The appeals were disposed of, affirming the retrospective application of the circular to ensure uniform and absolute benefit.
SC held that the Customs Circular No. 35/2010-Cus is explanatory and retrospective in nature, clarifying the 1% customs duty drawback benefit for merchant exporters who availed CENVAT credit. The court set aside the High Court's impugned judgment, granting the appellant the 1% AIR Customs Duty Drawback on exports from 2008, emphasizing that the circular resolves prior ambiguities without creating new rights or imposing additional burdens on the department. The appeals were disposed of, affirming the retrospective application of the circular to ensure uniform and absolute benefit.
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