2017 (9) TMI 900 - AT - Customs

Advanced license for duty free imports - clubbing of license with other licenses - Held that - the DGFT is the final authority who has declined the claim of the appellant. The appellant claimed he may approach the Policy Relaxation Committee but for the purpose of the impugned order the matter has been rejected by the DGFT - appeal dismissed - decided against appellant.

Summary

Issues:
Appeal against Order-in-Appeal No.442/2015-16 dated 16/04/2015 regarding duty free imports and export obligations.

Analysis:
The appellant held an advanced license for duty free imports during January 2008, allowing exports of goods against it. The appellant only fulfilled 10% of the total export obligation due to unavoidable reasons. Subsequently, the appellant requested the DGFT to combine the license with others, which was denied by the DGFT. Consequently, the Department confirmed the demand as per the bond, leading to the appellant's appeal.

During the hearing, the appellant's counsel argued that the DGFT's refusal to combine the license was final, and the appellant had sought recourse with the Policy Relaxation Committee, still pending. Conversely, the respondent's representative contended that the DGFT had made a final decision, and no application was made to the Policy Relaxation Committee as claimed by the appellant.

The Tribunal noted that the DGFT's decision on combining licenses was conclusive, rejecting the appellant's claim. Although the appellant mentioned the possibility of approaching the Policy Relaxation Committee, the DGFT's denial stood for the current matter. Consequently, the Tribunal upheld the impugned order, citing the DGFT's decision. However, the appellant was permitted to address any quantification issues with the competent authority.

In conclusion, the Tribunal dismissed the appellant's appeal, affirming the impugned order based on the DGFT's decision. The appellant was granted the liberty to raise quantification concerns with the appropriate authority.