9911796707
TMI Blog2006 (3) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... r : S. L. Peeran, Member (J)]. The appellants are challenging confirmation of demand in terms of OIO No. 1/05, dated 25-2-2005 passed by the Commissioner of Customs, Bangalore. The appellants had obtained import licence dated 28-7-1998 issued by JDGFT, Bangalore under EPCG scheme in terms of Exim Policy 1997-2002 for the import of capital goods. The appellants are alleged to have defaulted i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand is pre-mature and prays for remand of the matter to the authorities with a direction to initiate proceeding only after the expiry of the licencing period. He relies on the ratio of the following judgments. (1) Machano Paper Machines Ltd. v. CC - 2002 (149) E.L.T. 344 (T) (2) Commissioner v. Marmo Classic - 2003 (152) E.L.T. A85 (SC) (3) Titan Medical Systems Pvt. Ltd. v. CC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of the notification, the matter cannot be adjudicated till the expiry of the licencing period. The licence expires only on 27-7-2006. The appellants have taken a plea that they have exported goods through M/s. Garden City Fashions. They have produced copies of shipping bills and bank realisation certification to prove the export against the licence. It is submitted that the very fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the considered opinion that the matter has to go back to the Commissioner for de novo consideration. The Commissioner has to initiate the proceedings only after the expiry of the licencing period as held by the Tribunal and the courts in the cited judgments. The export done through M/s. Garden City Fashions is also required to be taken into consideration while computing the export obligation in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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