2006 (3) TMI 658

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....a Devi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we have taken the view that the appeal itself should be disposed of finally at this stage and accordingly, after dispensing with pre-deposit, we have taken up the appeal. 2. The appellants were engaged in the manufacture of terry towels, as 100% EOU and were d....

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....w cause notice, the appellants argued, inter alia, that the Customs authorities had no jurisdiction to deny DEPB credit to them. It was contended that the denial of the said benefit was within the exclusive jurisdiction of the authority which issued DEPB licence. The adjudicating authority [Commissioner of Customs] rejected this jurisdictional objection and proceeded to hold that the appellants we....

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....ubmitted that, in adjudication of a show cause notice issued by the department for denying the DEPB credit to the appellants, the Joint Commissioner of Customs (Air Cargo Complex) dropped the proceedings after noticing that the Customs authorities had no jurisdiction to disallow DEPB benefit to the exporter. Learned counsel placed on record a copy of the Joint Commissioner's order [Order-in-Origin....

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....Commissioner of Customs - 2005 (188) E.L.T. 385 (Tri.-Bang.) Learned counsel pointed out that, in the present case, the DGFT had held the appellants to be entitled to DEPB benefit subject to payment of applicable customs and central excise duties on the raw materials consumed in the manufacture of the finished products exported under the DEPB scheme. Once the competent authority decided so, it ....