9911796707
|
Home
Issues: Interpretation of time period for re-export under Notification No. 158/95-Cus.
Analysis: 1. Issue: The primary issue in the present appeal is the interpretation of the time period for re-export of imported goods under Notification No. 158/95-Cus. The dispute revolves around whether the six-month period for re-export should be calculated from the date of actual clearances and possession of the goods or from the date of final assessments of the bill of entry. 2. Legal Analysis: The Tribunal examined the arguments presented by both parties. The appellants contended that re-export was completed within six months from the date of taking possession of the goods, as per the conditions of the notification. They referred to Circular No. 14/97, which clarified that the six-month period should be calculated from the date of actual clearance of the goods, not the date of filing the bill of entry. The Tribunal found merit in the appellant's argument and held that the appellants had established a prima facie case in their favor. 3. Decision: Consequently, the Tribunal allowed the stay petition unconditionally in favor of the appellants. The Tribunal ordered that the appeal be fixed for a hearing on a specific date due to the simplicity of the issue involved. The decision was based on the interpretation of the notification and the clarification provided in the circular, emphasizing the importance of calculating the time period for re-export from the date of actual clearance of the goods. The judgment highlighted the significance of adhering to the specific provisions and guidelines outlined in the relevant notifications and circulars to determine compliance with the statutory requirements.
|
