Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1000

DEPB benefit - whether can be fraudulent when claimed in DEPB Schedule before change?

Case:M/s KHANNA PAPER MILLS LTD Vs CC, AMRITSAR
 
Citation: 2012-TIOL-94-CESTAT-DEL
 
Issue:- Availability of DEPB benefit – change in DEPB schedule – export before change – whether duty can be demanded by denying DEPB benefit alleging fraudulent conduct?
 
Brief Facts:- Appellant exported writing and printing paper in rolls and reels claiming DEPB benefit against entry 459B of DEPB schedule.  Exports were allowed after examination of the goods by the customs authority, the appellants sought for DEPB scrip from DGFT authority which was granted to them. Based on DEPB scrip issued to them the duty free imports have been made.
 
Show cause notices issued alleging that the goods exported by them were not "in cut sizes" and therefore the claim for benefit against entry 459B DEPB schedule has been wrongly claimed and the DEPB scrip were wrongly obtained and used for import of goods duty free and therefore, imported goods were liable for confiscation and that the duty on the imported goods was demandable and penalty imposable.
 
The Commissioner confirmed the demand of duty in both cases along with interest and imposed penalties. The Commissioner also held that the goods exported were liable for confiscation and imposed redemption fine in lieu of confiscation. Similarly, it was held that the goods imported were liable for confiscation and imposed fine in lieu of confiscation.
 
The appeals are filed by the Appellant before the Tribunal.                                                                                                                                                                                                                                                                                                                                                      
 
Appellant contention: - Appellants submits that the goods were exported after correctly declaring the description and claiming the benefit of DEPB under serial No.459B of the schedule and the customs authorities have examined the goods for the correctness of the description as per shipping bills and allowed clearance. Based on assessed shipping bills the appellants claimed the DEPB scrip from the DGFT authorities who after necessary verification issued the scrip. The imports have been made using the DEPB scrip validly issued by DGFT authorities. The Appellant submitted that “cut into sheets of various sizes” was made in the entry no. 459B only with effect from 27.01.06 hence the export  made prior to 27.01.06 cannot be held to be misdeclared. The DGFT authorities' clarification to the appellants vide the letter dated 31.8.06 and the DGFT clarifications to the customs authorities vide letter dated 11.12.06 are to the effect that the amendment would be applicable only with effect from 27.1.06 and the goods exported by them reels/rolls prior to 21.1.06 were eligible for the DEPB benefit under serial no. 45913 of the DEPB schedule.  He further submits that interpretation on the scope of the DEPB licence is within the jurisdiction of the DGFT authorities only. In support of this contention, learned advocate relies on the decision of the Hon'ble Bombay High Court in the case of Pradip Polyfils Pvt.Ltd. vs. Union of India reported in 2004 (173) ELT 3 (Born.) and decision in the case of Economics Traders (GUI.) Ltd. and anr. Vs. Union of India reported in 2006 (130) ECR 0418 - 2006 (104) ECC 0418.
 
Respondent contention:-Revenue submitted that the appellants have exported the paper declaring the products as if they were "cut to sizes"; the exports documents with such misdeclaration were submitted to DGFT and DEPB scrip were got issued; that using such invalid DEPB scrip fraudulently/wrongly obtained from DGFT, the appellants have imported goods without payment of duty. Therefore, the order of the confiscation of the exported goods and imported goods, demand of the duty on the imported goods and imposition of penalties should be upheld.
 
Reasoning  of Judgment:- The Tribunal perused the description of serial no 459B of the DEPB schedule before amendment with effect from 27.1.06 and after amendment.  And held on the facts of the case that the Tribunal is unable to agree with the view taken by the Commissioner that there was misdeclaration while exporting the goods and in getting DEPB scrip. The DEPB scrip have not been got cancelled through DGFT authorities. Further, DGFT authorities have clarified that the DEPB scrip are valid for exports made prior to 27.1.2006. Therefore, they do not agree with the findings of the Commissioner that the scrip are invalid. As valid DEPB scrip have been used for import of the goods, the Tribunal do not find any reason for demand of duty or confiscation of the goods, or imposition of penalties.  In view of the above, the impugned orders are set aside and appeals are allowed with consequential relief as per law.
 
Decision: -Appeals allowed with consequential relief.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com