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TMI Blog2009 (12) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... import. According to the notification, the exported goods should be re-exported within one year and imported goods should be re-imported within six months from the date of import and the importer should execute a bond with necessary bank guarantee. Since the goods were not re-exported within a period of one year, a Show Cause Notice dated 9-7-2002 was issued for recovery of an amount of Rs. 26,91,179/- in terms of the conditions of the bonds executed. Some of the goods were re-exported within six months period, the demand on the remaining quantity was confirmed. Rs. 7,53,858/- was the differential duty confirmed in terms of Sl. No. 2(d) of Notification No. 158/95-Cus. Before the Commissioner (Appeals) the assessee raised the plea that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing authority and the Bills of Entry under the DEPB scheme were not extended such benefit. In para 13 of the Apex Court's judgment it is held that the only notification which was available to the assessee at the time of import which granted the assessee the right to import duty free goods was Notification No. 158/95-Cus. and having availed of the benefit of notification, the assessee has necessarily to comply with the conditions of the notification. The Court held that, of course, there is no estoppel against the law but having sought for and taken the benefit of the Notification to import goods without payment of duty, it is not open to the assessee to contend that the conditions in the said notification need not be fulfilled, be it on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt of excise duty leviable at the time and place of importation of goods and subject to the following conditions applicable for such Goods (I) DEEC book has not been finally closed and export in question is delogged from DEEC book. (II) In case of EPCG scheme the period of full export performance has not expired and necessary endorsements regarding re-import have been made. (III) The importer had intimated the details of the consignment re- imported to the Assistant Commissioner of Central Excise in charge of the factory where the goods were manufactured and to the licensing authority regarding the fact of re-importation and produces a dated acknowledgement of such intimation at the time of clearance of goods. &n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for import against a specific export product are published by the Ministry of Commerce in their Input Output Norms which are part of the Exim Policy. DEPB Scheme Under this scheme the exporters are issued DEPB scrips which allows them the specific amount to be utilized for payment of Customs duty. The amount for which DEPB scrip is issued depends upon the rate for a particular export product. The Ministry of Commerce notifies DEPB credit rates for export of an item. The DEPB scrip is freely transferable and can be used to debit the payment of duty at the time of clearance of goods except capital goods and goods mentioned in negative list." 15. An attempt was made on behalf of the assessee to refer to Sl. No. 1(d) of the said notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the manufacture of export goods, as may be specified, to be exported in execution of one or more export orders; or for replenishment of duty paid materials used in the manufacture of such export goods already exported for the execution of such orders, or both; subject to such safeguards, conditions and limitations as regards the class or description of goods, class or description of materials used for manufacture thereof, destination, mode of transport and other allied matters as may be specified in the notification which the exporter undertakes to abide by entering into a bond in the proper form with such surety or sufficient security, and under such conditions as the Commissioner approves. (2) The Central Government may, from time t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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