Advik Laboratories Ltd. Vs. Cc

Advik Laboratories Ltd. vs Cc

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided Aug 07, 2002

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Citation: sooperkanoon.com/28668
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Judge: K Usha, S T C.
Decided On: Aug 07, 2002
Subject: Customs

Case Summary

AI-generated summary - not the official court judgment text.

Customs

Key legal issue: Customs

Parties & Advocates

Appellant / Petitioner

Advik Laboratories Ltd.

Respondent

Legal References

Reported In: (2002)(83)ECC65

Excerpt

1. the issue that arises for consideration in this appeal is whether the appellant is entitled to claim depb credit at the rate of 12% fob value of the goods which came to about 32 paise per tablet. in the impugned order it was held that pmv per tablet can be taken as re. 0.30 and the depb credit is restricted to 50% of pmv i.e. rs. 0.15 per tablet.2. it is not disputed before us that for arriving at the depb credit for which the appellant is entitled, the guidelines under circular no.69/97-cus. dated 8.12.1997 are to be applied. clause 3(i)(a) provides that as regards manufacturers-exporters who export under ar4 form where ar4 value is declared as pmv, the same shall be accepted. it has come out in this case that the appellant has not made available the ar4 value. appellant prays for an opportunity to produce the above before the authorities. revenue also agrees that such an opportunity can be granted.3. we, therefore, set aside the impugned order and remand the matter for fresh consideration by the adjudicating authority in the light of circular no. 69/97 dt. 8.12.97 provided the appellant makes available before the adjudicating authority the ar form. the appeal stands allowed by way of remand. since we are setting aside the order impugned, the demand of penalty is also vacated.

Full Judgment

1. The issue that arises for consideration in this appeal is whether the appellant is entitled to claim DEPB credit at the rate of 12% FOB value of the goods which came to about 32 paise per tablet. In the impugned order it was held that PMV per tablet can be taken as Re. 0.30 and the DEPB credit is restricted to 50% of PMV i.e. Rs. 0.15 per tablet.

2. It is not disputed before us that for arriving at the DEPB credit for which the appellant is entitled, the guidelines under Circular No.69/97-Cus. dated 8.12.1997 are to be applied. Clause 3(i)(a) provides that as regards manufacturers-exporters who export under AR4 Form where AR4 value is declared as PMV, the same shall be accepted. It has come out in this case that the appellant has not made available the AR4 value. Appellant prays for an opportunity to produce the above before the authorities. Revenue also agrees that such an opportunity can be granted.

3. We, therefore, set aside the impugned order and remand the matter for fresh consideration by the adjudicating authority in the light of Circular No. 69/97 dt. 8.12.97 provided the appellant makes available before the adjudicating authority the AR form. The appeal stands allowed by way of remand. Since we are setting aside the order impugned, the demand of penalty is also vacated.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Delh... Same Parties Advik Laboratories Ltd. vs Cc Same Subject Customs Same Judge K Usha, S T C.