2007 (7) TMI 247 - AT - Customs

Production of pre-shipment certificate in terms of public notice 16/2004-09 - Revenue submits that certificate same has been issued by Denmark office instead of Benin office of inspection agency. It is the respondent s contention that the Benin was a branch office, who has inspected the goods and certificate was issued by Denmark, who is the head office held that certificate issued by Head office or branch office, will not make any difference benefit cannot be denied

Summary

Issues:
Production of pre-shipment certificate in accordance with public notices and validity of the certificate issued by a specific agency.

Analysis:
The issue in this case revolves around the production of a pre-shipment certificate as per the provisions of public notices. The Commissioner (Appeals) noted that various amendments were made to the public notices regarding the format of the inspection certificate and the ports/ICDs through which goods could be cleared. The appellant argued that they had produced a certificate from M/s Baltic Control Aarhus, Denmark, which was accepted by the adjudicating authority. However, the authority discarded the certificate on the basis that the goods were inspected by M/s Baltic Control Benin, not Aarhus. The Commissioner (Appeals) found that the certificate from M/s Baltic Control Aarhus, Denmark was valid as per the Handbook of Procedures, and the appellant had complied with the policy requirements. The confiscation of imported goods was deemed unsustainable based on this finding.

Regarding the validity of the certificate issued by the Denmark office instead of the Benin office of the inspection agency, the Revenue contended that the branch office in Benin had inspected the goods, and the certificate was issued by the head office in Denmark. The Revenue argued that the location of issuance did not affect the validity of the certificate. However, the Commissioner (Appeals) upheld the validity of the certificate issued by the Denmark office, stating that the benefit should be extended to the appellant. Ultimately, the Revenue's appeal was rejected based on these considerations.

In conclusion, the judgment focused on the compliance with the Handbook of Procedures in relation to the production of pre-shipment certificates and the validity of certificates issued by different offices of the inspection agency. The decision emphasized the importance of following the prescribed procedures and policies to determine the admissibility of certificates and the subsequent clearance of goods.