Emami Agrotech Ltd vs Commissioner-Kolkata(Port) on 14 November, 2024
conditions of debit of BCD to the scrip and the availment of
drawback with respect to the subsequent exports out of the
imported inputs were also prevalent in notification no 96/2004-
Cus dt 17.09.2004 and notification no 32/2005-Cus The DEPB
Scheme is similar to the MEIS/SEIS Scheme and that the levy of
SWS has replaced EC but learned Appellate Commissioner has
himself accepted at para 16 & 17 of the impugned Orders that the
DEPB Scheme is similar to the MEIS/SEIS Scheme and that the
levy of SWS has replaced EC but erroneously relies upon Circular
No. 5/2006-Cus dt. 31.01.2005, which has been held invalid and
contrary Section 81 and Section 84 of the Finance Act. 2004 and
quashed by the High Court in the Gujarat Ambuja Exports Case
(supra) At this stage, it would also be pertinent to refer to the
provisions of Section 94 of the Finance (No. 2) Act, 2004, which
reads as under: