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2007 (6) TMI 333 - AT - CustomsEXIM - Conversion of free shipping bill into DEPB shipping bill - Held that - The Circular of the Board No. 4/04 does not mention any statutory bar for denying the conversion claimed by the exporters. By denying export incentives granted by the Government through various schemes the objective to promote exports will be defeated - appeal allowed - decided in favor of appellant.
Issues:
1. Conversion of free shipping bill into DEPB shipping bill denied based on Circular No. 4/04. 2. Claim of legitimate entitlement by the exporter under Section 149 of the Customs Act. 3. Interpretation of Circular No. 4/04 regarding conversion of shipping bills. 4. Consideration of documentary evidence for amending shipping bills. Issue 1: Conversion of free shipping bill into DEPB shipping bill denied based on Circular No. 4/04 The appeal was against the rejection of the request for conversion of a free shipping bill into a DEPB shipping bill by the Assistant Commissioner of Customs. The exporter had exported dish antennae to UAE but failed to indicate that the exports were made under the DEPB scheme. The rejection was based on Circular No. 4/04, which disallowed such conversions after a certain date due to online assessment difficulties. Issue 2: Claim of legitimate entitlement by the exporter under Section 149 of the Customs Act The exporter argued that a minor omission should not disentitle them from legitimate export incentives. They cited Section 149 of the Customs Act, claiming the right to amend the shipping bill, subject to prescribed conditions. The exporter contended that the denial of conversion would overlook their legitimate entitlement under government policies to promote exports. Issue 3: Interpretation of Circular No. 4/04 regarding conversion of shipping bills The Counsel for the exporter argued that Circular No. 4/04 did not impose a statutory bar on the conversion claimed by exporters. They highlighted that the exporter had followed the prescribed export procedures and were willing to demonstrate the eligibility of the export under the DEPB scheme. The Tribunal noted that denying export incentives could defeat the objective of promoting exports and, hence, allowed the appeal. Issue 4: Consideration of documentary evidence for amending shipping bills The JDR representing the Respondent contended that any amendment to shipping bills should not rely on documentary evidence not existing at the time of the shipment. However, the Tribunal found that the exporter, who had a history of regular exports under the DEPB scheme, should be allowed the conversion of the shipping bill under Section 149 of the Customs Act. The Tribunal held that there was no valid reason to deny the request for conversion, as it did not contravene any provision in Circular No. 4/04, ultimately allowing the appeal in favor of the exporter.
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