TaxTMI 
TaxTMI 
2004 (1) TMI 93
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....he benefit of the scheme cannot be granted to the petitioners. 2. Duty Entitlement Pass Book ('DEPB' for short) is an export incentive Scheme contained in Chapter 7 of the Import-Export Policy, 1992-1997. Under the said, DEPB Scheme, the Government granted certain percentage of credit on the FOB value of exports made by an exporter as per the schedule of rates published by the Government. The said schedule is called DEPB schedule. The said schedule prescribes the rate granted for various goods under various heads. For availing the benefit under the DEPB scheme, DEPB licence and a pass book is issued by the Director General of Foreign Trade ('DGFT' for short). DEPB credit which the exporter is entitled to is entered in the....
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.... item book." 20.00% The said public notice was amended on 15-12-1999 and the amended item at Serial No. 14 read as under :- "14. Articles made solely of Polypropylene not elsewhere specified, and not specifically covered under Standard Input-Output Norms" 20.00 The said public notice was further amended by another public notice dated 1-6-2000 wherein item at Serial No. 14 read as follows :- "14. Articles made solely of Polypropylene not elsewhere specified and covered under S.No. H-30 of SION." Thus as per the amended public notice, articles made solely of Polypropylene which are covered under Serial No. H-30 of Standard Input and Output Norms are entitled to avail the benefit of DEPB Scheme and t....
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....t product. It was submitted that in the present case, no discrepancy in the description, quantity and FOB value of the export product is found by the Customs authorities and, therefore, it was not open to the Customs authorities to deny the benefit of the DEPB Scheme to the petitioners. 6. On behalf of the respondents, it was contended that the DEPB Licence issued to petitioners was subject to verification of the shipping bills by the Customs authorities and, therefore, if an item was not covered under Chapter 39 of ITC, which is one of the requirement under the public notice, it was open to the Customs authorities to reject the claim while verifying the documents. It was contended that in the present cases, the amended provisions of the....
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....It is not the case of the Customs authorities that there is any discrepancy in the description, quantity and FOB value of the export product. Under the circumstances, when the DEPB licence is issued by the Licensing authorities specifically holding that the Petitioners are entitled to avail the benefit of the DEPB Scheme in respect of Polypropylene filter plates and accessories, the Customs authorities were, not justified, in rejecting the claim of the Petitioners on the ground that the Articles exported by the Petitioners were not covered under Chapter 39 ITC (HS) classification. Whether an item falls under Chapter 39 of ITC classification or not is for the licensing authorities to consider before issuing the licence. Even after the issuan....