DEPB- Error in classifiation

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....EPB- Error in classifiation<br> Query (Issue) Started By: - Pradeep Jain Dated:- 24-5-2014 Last Reply Date:- 24-5-2014 Customs - Exim - SEZ<br>Got 3 Replies<br>Customs<br>Dear Sir, We had made export under DEPB in the year 2008-2011 and got the DEPB license from DGFT . In between during export It came to notice of Customs Authority that in some product there is error in DEPG classification , alth....

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....ough DEPB rate is same ,for which licenses are already taken . At the time of registration of the said license department has raised this query and hold the DEPB license for registration and issue redemption certificate. Department is planning to issue SCN. Now query is that:- 1- Can any export benefits be denied due to technical error ? 2- what are remedies available with us to avail this bene....

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....fits. If possible please mentioned related case law and rules and section also. Regards Pradeep Jain Reply By Pradeep Khatri: The Reply: Dear Pradeep, There are plethora of judgments on the either side of this aforesaid matter. We understand from the above query that Department is willing to issue a SCN. We would like to have a look on the SCN and accordingly would be able to draft a reply a....

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....gainst the impugned SCN. After receiving the SCN, you may contact us in this matter. We would be glad to work with your organization. Regards Team YAGAY & SUN, (Management and Indirect Tax Consultant). Reply By Pradeep Jain: The Reply: Dear Pradeep K, Department has no firm view about the issue of SCN and the matter is pending since 2011. If the details are provided on the above mentioned l....

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....ine can refrain from SCN. Regards Pradeep Jain Reply By Pradeep Khatri: The Reply: Dear Pradeep, If this matter was known to the Department since 2011, then, Department cannot issue SCN now as this matter is barred by limitation. Write them to resolve this matter without any further delay. Regards, Team YAGAY & SUN (Indirect Tax Consultants)<br> Discussion Forum - Knowledge Sharing ....