TaxTMI 
TaxTMI 
2024 (6) TMI 137
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....n India. During the earthquake in Nepal, several heavy machines were required to be sent to Nepal. This contract was given by Korea International Corporation Agency (KOISA) to Doosan Infracore Company Limited, Korea (holding company). They in turn have sent Supply Contract to the subsidiary companies (present Appellants) to supply these goods directly to Nepal. The entire value of the machinery supply was to be reimbursed by the holding Company by way of foreign exchange. The Appellants had suffered Customs Duty at the time of import of capital goods. Therefore, when these were supplied to Nepal, the Appellants wanted to claim drawback and wanted to file "Drawback Shipping Bills". However, they were not allowed to do so and the goods were c....
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....l, Bhutan and Myanmar] for supplies to projects financed by any United Nations Agency or the International Bank for Reconstruction and Development or the International Development Association or the Asian Development Bank or any other multilateral agency of the like nature and for which payment is received in freely convertible currency:] (b) if any such goods as are specified in the Annexure below (hereinafter referred to as the "capital goods") are exported under claim for drawback to any place in Nepal against any global tender invited by His Majesty's Government of Nepal and for which payment is received in Indian currency (c) if any petroleum product is exported by M/s. Indian Oil Corporation Ltd., India, through any of the appoi....
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....ore the Explanation, the following proviso has been inserted, namely: - "Provided that no drawback shall be allowed if the goods exported were imported into India from third countries and exported to Nepal." 17. Further, Circular No.14/2011-Customs dated 15.03.2011 also mandated that the exporter shall declare on the body of the shipping bill under claim of drawback that the goods being exported to Nepal have not been imported into India from third country. 18. I find that there is no dispute that the subject exported goods was of third country origin goods imported into India from South Korea. The party has themselves accepted that the said goods was imported from South Korea and exported to Nepal. 19. As per proviso to p....
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....1977-Cus. dated 01/10/1977 as amended time to time. He submits that their goods would fall either under (a) or (aa) of this Notification since the entire funding has been done by international agency and the payment has been received in free convertible agency. He submits that the Adjudicating Authority has erroneously interpreted the 'Explanation' as a part of the Notification's main part, whereas this 'Explanation is part of Annexure 2 of the Notification. Therefore, this Explanation would be applicable only in case the goods in question fall under Para (b) of this Notification, whereas the present exports would fall under either (a) or (aa). He further submits that it is an admitted fact, as can be seen from the Supply Contract that the ....
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....ced by any United Nations Agency or the International Bank for Reconstruction and Development or the International Development Association or the Asian Development Bank or any other multilateral agency of the like nature and for which payment is received in freely convertible currency. (b) if any such goods as are specified in the Annexure below (hereinafter referred to as the "capital goods") are exported under claim for drawback to any place in Nepal against any global tender invited by His Majesty's Government of Nepal and for which payment is received in Indian currency; [Emphasis supplied] xxxx ANNEXURE The Capital Goods Goods, that is to say, all items of machinery including prime movers, instruments, apparatus and applianc....