2019 (4) TMI 339

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....mar, Assistant Commissioner (AR) for respondent ORDER Per: C J Mathew This appeal of M/s Hindustan Petroleum Corporation Ltd pertains to the import of 'spares for oil field equipment' against bill of entry no. 568063/12.09.2006 that, having been exported thereafter, was eligible for drawback of duties of customs under section 74 of Customs Act, 1962, read with Re-Export of Imported Goods (Dr....

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....rd Learned Counsel for appellant and Learned Authorised Representative. 3. Eligibility to drawback of 98% of the duties of customs paid at the time of import is not in dispute. Having released a part of the claim, limited to the basic customs duty, the factum of export is also not in doubt and the sole issue remaining for resolution is the legality of withholding of additional duties of customs, ....

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....20380401 dated 13.05.2005 on importation of the goods under bill of entry no.568063 dated 12.05.2005. Qut of the duty so paid, they took Cenvat credit of Rs. 47,07,366.00 in their Cenvat credit account. Thus, the duty paid on importation remains after taking Cenvat credit only Rs. 39,31,670.00. The reversal of the Cenvat credit which was equal to the CVD, will not change the position for the reaso....

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.... customs, without authority to do so, for denying claim of drawback. CENVAT credit is a facility that enables the discharge of duty of excise on excisable goods out of common pool and the availment of such credit is, by no stretch of law or procedure or imagination, a discharge of excise duty liability; in fact, the availment arises from, in this instance, from the discharge of additional duties o....