9911796707
TMI Blog2012 (8) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... o facilitate their clearance - in this case The goods in fact reached on 26.05.2011 - a fact known to the petitioner when it booked them after entering into contract with the foreign supplier, on 18.04.2011 - against assessee. - W P (C) No.7418/2011 - - - Dated:- 20-7-2012 - S Ravindra Bhat and R V Easwar, JJ. For Appellant: Mr Vibhu Shanker Mishra, Adv. For Respondents: Mr Jatan Singh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in terms of the SFIS, had apparently entered into contract for purchase of certain equipment from Italy on 18.4.2011. The goods were shipped on 18.04.2011 from Antwerp and landed at the Inland Container Depot, Faridabad on 26.05.2011. By this time, the validity of the scrip had expired (on 30.04.2011). The petitioner was, therefore, required to pay duty. 3. It is urged that the petitioner was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall not be permitted unless covered under paragraph 2.13.1 or paragraph 2.13.2 A of HBP v1. 6. Counsel also relies upon paragraph 2.13.1 which is in the following terms: - However, revalidation of freely transferable Authorization/Duty credit scrips and stock and sale Authorization shall not be permitted unless validity has expired while in custody of Customs authority/RA. 7. This Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents action directing payment of full duty and refusal to give the benefit cannot be characterized as unreasonable. 8. It was brought to the notice of the Court that the order of the Policy Relaxation Committee (PRC) is appealable under Section-15 of the Foreign Trade Development Act, 1992 to the Central Government. This Court is of the opinion that the petitioner should be permitted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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