1998 (8) TMI 297

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....gnated authority to the adjudicating authority for verification of international prices and to indicate the rate of duty applicable to various inputs to arrive at the credit entitlement against the said export. There was no dispute about the international price. The credit entitlement was, however, disputed and contested by the appellant. The adjudicating authority proposed to apply the rate of Rs. 220/10 gms. as this was the rate of duty applicable to this item under the 1st Schedule to the Customs Tariff Act, 1975 read with Notification 117/94-Cus., dated 27-4-1994 as amended issued under Section 25 of the said Act. The appellants, however, claimed that the applicable rate of duty was 50% as given in the Customs Tariff and that Notfn. No.....

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....redit is given on export of the Export product to the extent of basic customs duty on the input quantity deemed to have been utilised, on the basis of prescribed input-output ratio, in the Export product exported outside India. Credit is given in terms of Indian currency and the said credit is to be utilised towards payment of duty on import of inputs. The Export product shall not be eligible to drawback of duties on the inputs for which credit in the pass book has been taken. 6. He submits that in the context of the above scheme, there is no scope for applying the rate of duty on import of gold as prescribed by Notification 117/94-Cus. That notification, submits the ld. Advocate is applicable if the duty is paid in convertible fore....

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....f the value of gold, as stipulated in the tariff. 9. Opposing the contention, ld. SDR Shri A.K. Agarwal submits at the outset that this matter does not relate to a question of rate of duty and, therefore, the Bench has no jurisdiction over this matter. He further submits that every exporter has a foreign currency account. Therefore, the importer/ appellant can pay duty on gold in convertible foreign currency and he need not pay in Indian currency. 10. As regard the finding that gold can be imported through channels other than of S.I.L. or of baggage, ld. SDR submits that such a plea, as now made, was not taken before the lower authorities. Plea, being one of fact, cannot be allowed to be taken at this stage. 11. We h....