2017 (7) TMI 588 - HC - Customs

Issuance of redemption certificate - case of Revenue is that the petitioner has failed to produce the shipping bill originals along with the application form to the licensing authority - whether the petitioner has fulfilled his export obligation? - Held that - the department would admit that the petitioner had produced copies of the shipping bills, but the department is insisting upon the originals, which are not available with the petitioner, as they are third party documents and they claim that exports were done through those two third parties - If the scheme permits for such procedure, then, the proper officer of the Directorate General of Foreign Trade can examine the genuineness of the claim made by the petitioner by making appropriate verification with regard to the license number, quantity of the product exported etc - the petitioner directed to appear before the Joint Director General of Foreign Trade and produce the copies of the shipping bills - appeal allowed by way of remand.

Summary

Issues:
1. Export obligation fulfillment under the Export Promotion Capital Goods Scheme (EPCG).
2. Requirement of original shipping bills for issuance of redemption certificate.
3. Validity of bank guarantee furnished by the petitioner.

Issue 1: Export Obligation Fulfillment
The petitioner, a company engaged in manufacturing automobile goods, exported products using machinery imported under the EPCG scheme. They claimed to have fulfilled 100% of the export obligation and submitted the necessary documents for the redemption certificate. The petitioner exported goods through third-party exporters, providing copies of shipping bills as they did not possess the originals. The Directorate General of Foreign Trade insisted on the originals for verification. The court noted that if the scheme allows for exports through third parties, the competent authority can verify the claim by examining license numbers and exported quantities. The court directed the petitioner to appear before the Joint Director General of Foreign Trade to produce copies of the shipping bills done through third-party exporters for examination of genuineness.

Issue 2: Requirement of Original Shipping Bills
The counter affidavit by the Joint Director of Foreign Trade stated that the petitioner failed to produce original shipping bills along with the application form, leading to the rejection of the request for the redemption certificate. The department maintained that originals were necessary, while the petitioner argued that as third-party documents, they only had copies. The court emphasized that if the scheme permits such exports through third parties, the proper officer can verify the genuineness of the exports based on available documentation.

Issue 3: Validity of Bank Guarantee
The petitioner's bank guarantee had expired, and an order of status quo was granted. The respondent claimed the bank guarantee had already been encashed. The court directed the petitioner to keep the bank guarantee renewed and in force until further orders if it had not been encashed. No costs were awarded in the judgment.

This judgment primarily addressed the fulfillment of export obligations under the EPCG scheme, the necessity of original shipping bills for redemption certificate issuance, and the validity of the petitioner's bank guarantee. The court emphasized the need for proper verification of export claims and directed the petitioner to comply with the requirements of the Directorate General of Foreign Trade.