9911796707
TMI Blog2003 (1) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... ture of Black White and Corrected Negative/Positive for Offset Printing of CIF value Rs. 47,60,000/-. Applicant was under obligation to export Black White and Corrected Negative/Positive for Offset Printing of value 4 times the CIF value of imported capital goods within a period of 5 years from the date of issue of the licence. Imports of capital goods were effected under Notification No. 110/95-Cus., dated 5-6-1995 with effective Customs duty of 15%. 2. The applicant had imported the following capital goods vide Bill of Entry No. 11008 dated 22-1-96 : (a) SCITEX SCANNER-342L ; (b) IRIS INKJET PROOFER-5015. 2.1 The second item on the Bill of Entry developed some technical problem making it unoperational. Finally this m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter needs clarification. (c) Endorsement of DGFT in the licence taking into consideration the representation of the Applicant dated 17-5-2002. The Applicant filed written submissions on 4-7-2002 as under : (A) The applicant produced a copy of DGFT s letter dated 15-5-2002 to for reducing the CIF value by excluding the value of IRIS INKJET PRINTER (Item No. 2) which was re-exported and duty element settled by Customs. (B) The applicant also produced an amendment sheet issued by Joint DGFT, Mumbai reducing the CIF value as Rs. 21,28,000/- and export obligation as US$ 266000 pursuant to DGFT s letter dated 15-5-2002. (C) The applicant submits that earlier they had indicated two amounts based on two alternate submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er requested for an out of turn basis for an early final settlement as theirs is a small unit and presently lying closed for want of business and labour problems. They seek release of an amount of Rs. 13,50,000/- lying in the form of Bank Guarantee executed with Customs. The final hearing was held on 22-11-2002. 7. The applicant was represented by Shri T. Viswanathan, Advocate, S. Asif Husain, Director Yusuf Y. Sabir, Accountant. 8. The learned Advocate representing the applicant reiterated the submissions made in their application and submitted that they have complied with the Interim Order No. 13C/2002-Cus., dated 18-7-2002 passed by the Hon ble Bench wherein they were directed to deposit the admitted duty liability of Rs. 11,78,746 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had approached licencing authority, namely DGFT, for reduction in total CIF value and export obligation in view of the re-export of the above said machine. 13. DGFT, vide their letter dated 15-5-2002, approved reduction of the total CIF value by excluding CIF value of IRIS Inkjet Printer-5015. The letter addressed to the applicant is reproduced below :- GOVERNMENT OF INDIA MINISTRY OF COMMERCE DIRECTORATE GENERAL OF FOREIGN TRADE UDYOG BHAWAN, NEW DELHI File No. 1/36/218/208/AM 02/EPCG-I/592 Dated : 15-8-2002 To, M/s. Express Block Engraving Studios Pvt. Ltd., Jash Chambers, Sir P. M. Road, G.P.O. Box No. 1067, Mumbai-400 001. Sub : Your request for reduction in total CIF value and EO on the basis of re-export ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Committee. Sd/- (J.C. BABU) FTDO, for DGFT 14. It is seen from the records that the Revenue have endorsed the fact of the damaged goods re-exported and re-crediting of the licencing value to that extent. 15. The applicant has, in view of the above developments, declared an additional duty liability to be settled as Rs. 11,78,746/-. The Show Cause Notice issued by Revenue on 24-11-1998 was demanding duty of Rs. 18,50,000/-. The difference in the admitted duty liability by the applicant and the duty demanded by the Revenue is the duty saved on IRIS Inkjet Printer-5015 by the applicant. However, since the applicant has re-exported this item and re-expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 110/95-Cus., dated 5-6-1995. This notification has in-built provision demanding interest at 24 per cent in case the conditions of the notification are not satisfied. However, considering the totality of the case and since the applicant has fully co-operated in the proceedings before the Commission, the Commission is of the view that interest in excess of 10 per cent can be given as immunity and accordingly, interest liability at 10 per cent p.a. shall be calculated by the applicant from the date of clearance of the goods imported under EPCG Scheme till the date of actual payment of the duty foregone and settled as above. This amount shall be paid within 30 days from receipt of copy of this Order. The Revenue shall check with the correct ..... X X X X Extracts X X X X X X X X Extracts X X X X
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