9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 1026 - AT - CustomsAmendment of free shipping bill into DEEC shipping Bill - export of Purified Water Solution Plant consisting of machinery, equipment, accessory spares to one M/s Baximco. Pharmaceuticals Ltd., Bangladesh - whether the appellants are eligible to convert/amend the Free Shipping Bill No.1171741 dated 22.8.2005 into DEEC (Advance Licence) Shipping Bill, as requested by them on 27.11.2009 under Section 149 of the Customs Act, 1962? - Held that - the present case are that the appellant had applied for conversion of free shipping bills into DEEC (Advance Licence Scheme) Shipping Bills four years after export i.e. on 27.11.2009. Also, at the time of clearance of the goods it was specifically not disclosed in the free shipping bills nor in the ARE-1 export document by declaring thereunder specifically to claim any of the export benefit i.e. benefit under DEEC (Advance Licence), therefore, the consignment was not opened for physical examination by the Customs and the export was allowed. Hence, it is difficult to appreciate the argument of the appellant that it was a question of mere amendment to the shipping bills and should be allowed under Section 149 of the Customs Act, 1962 which is contrary to the Circular No.4/2004 dated 16.1.2004 issued by the Board and was in force during the relevant time. The request for conversion of free shipping bills to DEEC (Advance Licence) Scheme cannot be considered, as the said scheme is strictly on actual user basis exemption and no transferability is allowed pre or post export. Hence, strict interpretation need to be applied. Appeal dismissed - decided against appellant.
Issues Involved:
1. Eligibility for conversion/amendment of Free Shipping Bill into DEEC (Advance Licence Scheme) Shipping Bill under Section 149 of the Customs Act, 1962. 2. Relevance of physical examination of the consignment for conversion. 3. Timeliness and procedural compliance for requesting conversion. 4. Applicability of previous judicial decisions and Board's Circular No. 4/2004. Issue-wise Detailed Analysis: 1. Eligibility for Conversion/Amendment of Free Shipping Bill: The appellant requested the conversion of Free Shipping Bill No. 1171741 dated 22.8.2005 into DEEC (Advance Licence Scheme) Shipping Bill under Section 149 of the Customs Act, 1962. The appellant argued that the request was based on the same set of documents filed during the initial assessment of the shipping bills. However, the Assistant Commissioner rejected this request, and the Commissioner (Appeals) upheld this decision. The Tribunal noted that Section 149 allows amendments based on existing documentary evidence at the time of export, but emphasized that such amendments are discretionary and not a matter of right. 2. Relevance of Physical Examination: The appellant contended that physical examination was unnecessary since the goods exported were clearly identified as "Purified Water Solution Plant" and foreign exchange had been remitted. They argued that physical examination is only relevant when inputs imported under the Advance Licence are used in manufacturing the export goods. The Tribunal, however, highlighted the necessity of physical examination to correlate exported goods with imported items under the Advance Licence, especially since the goods were not examined at the time of export. 3. Timeliness and Procedural Compliance: The request for conversion was made four years after the export, which the Revenue argued was excessively delayed. The Tribunal referred to the Board's Circular No. 4/2004, which stipulates that conversion requests should be made within one month of denial/rejection of benefits claimed. The Tribunal found that the appellant did not declare the intention to claim DEEC benefits in the ARE-1 document at the time of export, thus failing to comply with procedural requirements. 4. Applicability of Previous Judicial Decisions and Board's Circular: The Tribunal referred to several judicial decisions, including Terra Films Pvt. Ltd. and Areva T & D India Ltd., which emphasize that conversion of shipping bills from one scheme to another is not routine and requires strict compliance with procedural and documentary requirements. The Tribunal agreed with the Revenue that the appellant's case did not meet these stringent conditions. The Board's Circular No. 4/2004 was also cited, which discourages conversion of free shipping bills into DEEC shipping bills except under specific conditions. Conclusion: The Tribunal upheld the decision of the Commissioner (Appeals), concluding that the appellant's request for conversion did not meet the necessary conditions under Section 149 of the Customs Act, 1962, and the Board's Circular No. 4/2004. The appeal was dismissed, affirming that the conversion of free shipping bills into DEEC (Advance Licence) Shipping Bills requires strict adherence to procedural and documentary evidence, which was not satisfied in this case. (Pronounced in the open Court on 28.7.2017)
|
