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The Policy relating to Duty Entitlement Passbook Scheme (DEPB) Scheme is given in Chapter-4 of the Policy. The duty credit under the scheme shall be calculated by taking into account the deemed import content of the said export product as per SION and the basic custom duty and special additional duty ( SAD) payable on such deemed imports. The value addition achieved by export of such product shall also be taken into account while determining the rate of duty credit under the scheme.
The Re-export of Imported Goods (Drawback of Customs Duties) Rules,1995 were modified vide Customs notification No.36/95-Cus. (NT) dated 26th May, 1995 Which was published in the Gazetted of India (Extraordinary), vide GSR No. 440(E) dated the 26th May, 1995 and it was last amended by Notification No.29/99-Cus (NT) dated the 11th May, 1999 vide GSR No.334(E) dated the 11th May, 1999.
The principal notification No.21/2002-Customs dated the 1st March, 2002 was Published in the Gazette of India, (Extraordinary) vide GSR No.118 (E), dated the 1st March, 2002 and last amended by Notification No. 4/2003-Customs dated, the 3rd January,2003 vide GSR No. 6(E), dated the 3rd January,2003.
The principal notification No.28/97-Customs dated the 1st April, 1997 was published in the Gazette of India, (Extraordinary) vide GSR No.184 (E), dated the 1st April, 1997 and lastly amended by Notification No. 113/2002-Customs, vide GSR No. 704(E), dated the 16th October,2002.
Commissioner of Customs (Preventive), New Delhi has brought a case of misuse of Duty Drawback Scheme where the exporters tried to avail benefits of Drawback Scheme by misdeclaring export goods as ‘leather harness’ whereas on an actual examination the consignments were found to contain rags of leather hunters/whips on which no drawback is admissible. This case has been made by Preventive Commissionerate at ICD, Patparganj and another container of the same intelligence has been detained at Nhava Sheva for investigation.
The Engineering Export Promotion Council has represented that duty drawback rates in respect of these products have been determined by taking into consideration only ‘Steel’ as the input. Therefore, they should be permitted to avail of the Cenvat facility as regards the other inputs other than ‘Steel’, for example, consumables, furnace oil, high speed diesel oil, light diesel oil, superior kerosene oil, machinery spares, die blocks, etc.
