2007 (3) TMI 19

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....d CIF value of the Crane Model No. 3900W as US $ 1,82,500/- and paid Customs Duty of Rs. 74,29,213/- on provisional basis. In respect of Crane Model No. 999C, the appellants declared its value as US $ 1,60,000/- and paid Customs Duty of Rs. 32,32,461/- on provisional basis. The Cranes were assessed provisionally under Section 18 of the Customs Act, 1962 for the purpose of paying the said duty amounts. These Cranes were old and used and were imported on a temporary basis subject to re-export condition on completion of the contract. Thereafter, the cranes were re-exported under the cover of drawback under shipping bills. Both the sides have referred to the shipping bill in relation to Model No. 999C during the proceedings, but the shipping bi....

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....ange rate). However, the value of similar capacity Crane of 1966 make, imported under Bill of Entry dated 22-8-1998, was equivalent to Rs. 1,74,30,000/- FOB. The CIF value of the said Crane was after adjustments worked out at Rs. 82,81,530/-, and a demand of differential duty amount of Rs. 6,90,416/- was made, which came to be confirmed. 5. The learned Counsel appearing for the appellants in these appeals has strongly contended that, though duty drawback was allowed when the goods were re-exported @ 85% of the provisional duty paid for Crane Model No. 999C and 70% of the provisional duty paid for Crane Model No. 3900W, duty drawback entitlement was not taken into consideration in respect of enhanced value worked out in respect of these t....

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....espect of these two Cranes. In respect of Crane Model No. 999C, duty of Rs. 32,32,461 /- was paid on provisional basis and a duty drawback of Rs. 27,47,592/- was a lowed when it was re-exported. There is also no dispute about the fact that, in respect of Model No. 3900W, duty amount paid on provisional basis was Rs 74,29,213/- as against which drawback @ 70% amounting to Rs. 52,44,491/- was allowed when it was re-exported. These drawbacks were allowed under Section 74(2) of the said Act in the context of the duties paid on provisional assessment. As per the Notification No. MF(DR)No. 19-Cus. dated 6th February, 1965, amended by Notification dated 8th November, 1969 and 2nd May, 1970; when the length of period between the date of clearance f....