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Exported Tea Rejected & Returned: Re-import Benefits Allowed, Duty Demand Set Aside Per Supreme Court Precedent.
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....The appellant had initially exported Indian tea to Netherlands, which was rejected and recalled to India. Upon re-importation, no DEPB claim was advanced. The goods were then imported against a Bill of Entry dated 17.03.2005 for re-export, claiming the benefit of Notification No.158/95. After processing, the goods were re-exported within the prescribed period under the said Notification, with proper declarations in the shipping bills. The allegation of non-compliance with procedures in identifying goods at the time of export or producing relevant reprocessing certificates was found unsustainable. The appellant was entitled to the benefit of Notification No.94/96-Cus. The Supreme Court's decision in Share Medical Care Vs. UOI established tha.........