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1 - 10 of 17 (0.23 seconds)The Customs Act, 1962
Section 3 in The Central Excise Act, 1944 [Entire Act]
Section 3 in Additional Duties of Excise (Goods of Special Importance) Act, 1957 [Entire Act]
Section 3 in The Additional Duties of Excise (Textiles And Textile Articles) Act, 1978 [Entire Act]
Section 57 in The Central Excise Act, 1944 [Entire Act]
Section 58 in The Central Excise Act, 1944 [Entire Act]
Section 61 in The Central Excise Act, 1944 [Entire Act]
Section 11 in The Central Excise Act, 1944 [Entire Act]
Tanfac Industries Ltd., Rep. By M.H. ... vs Monopolies & Restrictive Trade ... on 5 February, 2003
In fact, in that case, there were three bills of entries, only one of them
was goods exported under DEEC Scheme and other two were under the DEPB
Scheme. The difference drawn by the Supreme Court in the above judgments
make it clear that under the DEEC Scheme, the clearance is allowed duty free,
whereas under DEPB Scheme, the exporters are issued DEPB scrips which
allows them specific amounts to be utilised for payment of Customs duty.
Therefore, the importers, who use DEPB scrips, pay duty not by cash but only
by way of credit. This is clear from the judgment of the Supreme Court
extracted above. Therefore, the goods cleared under DEPB Scheme cannot be
treated an exempted goods, but they can only be treated to be duty-paid
goods and therefore, the interest is payable as per Section 61(2) of the Act.
The debit of any amount under the DEPB Scheme is a mode of payment of
duty on the imported goods and cannot be treated as exempted goods, unlike
the goods under DEEC Scheme....."