9911796707
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Issues Involved:
1. Whether the Customs Authorities are bound to endorse the DEEC certificate with the exports made by the petitioner and release goods imported under the Duty Exemption Scheme. 2. Whether the petitioner fulfilled the export obligation within the prescribed period. 3. Whether the petitioner exported items covered by the advance licence. 4. Whether the Customs Authorities can withhold the DEEC Book and the imported goods based on pending proceedings or contemplated actions. Detailed Analysis: Issue 1: Endorsement of DEEC Certificate and Release of Imported Goods The petitioner sought a direction for the Customs Authorities to endorse the DEEC certificate with the exports made and to release the goods imported under the Duty Exemption Scheme. The Tribunal had already ruled in favor of the petitioner, stating that the goods imported were not in violation of the conditions of the licence. Despite this, the Customs Authorities neither returned the DEEC Book with the required endorsements nor released the imported goods. The court held that the Customs Authorities are bound to comply with the Tribunal's order as long as it stands, and directed them to return the DEEC Book parts I and II duly endorsed and to release the imported goods within 10 days. Issue 2: Fulfillment of Export Obligation Period The petitioner contended that the export obligation period was extended, and the exports were made within the extended period. The Customs Authorities argued that the export obligation period had expired and that some export applications were made after the expiry. The court noted that the Joint Chief Controller of Imports & Exports (JCCIE) had not filed any affidavit opposing the petitioner's claims and that an endorsement of "Not Applicable" appeared next to the stipulation of the Export Obligation period in the DEEC Book. Consequently, the court found the allegation of violation of the export obligation period to be prima facie untenable. Issue 3: Export of Items Covered by Advance Licence The Customs Authorities alleged discrepancies between the export list annexed to the advance licence and the goods actually exported. However, the Tribunal had recorded that the petitioner exported bicycle parts in accordance with the specifications, and there was no case from the department regarding non-fulfillment of export conditions. The court found that the petitioner had exported goods of the value prescribed under the Advance Licence and that no allegations were made by the JCCIE regarding non-export of goods covered by the Advance Licence. Therefore, the court dismissed this ground as well. Issue 4: Withholding DEEC Book and Imported Goods The Customs Authorities argued that proceedings under the Customs Act, 1962, were being contemplated against the petitioner for alleged contraventions. However, no action had been taken for more than one and a half years since the exports were completed. The court held that it could not act on unproved allegations and contemplated actions. Paragraph 27(1) and 27(7) of the Import & Export Policy of 1988-91 mandated the Customs Authorities to endorse the DEEC with shipments made in the export obligation period and return the DEECs within a reasonable time. The court found no justification for the delay and directed the Customs Authorities to return the DEEC Book and release the imported goods. Conclusion: The court allowed the writ petition, directing the Customs Authorities to: 1. Return the DEEC Book parts I and II duly endorsed and the relevant licences in respect of all the exports made by the petitioner. 2. Release the imported goods covered by the Advance Licence within 10 days from the communication of the judgment. It was clarified that if the advance licence had not been amended regarding the enhancement in the value of imports, the petitioner would be allowed duty-free import only up to the amount covered by the licence and would be required to pay Customs Duty on the balance amount. There was no order as to costs.
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