9911796707
TMI Blog2013 (4) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the order passed by the Commissioner (Appeals) revenue has preferred the present appeal. 2. Briefly stated Facts of the case are that the appellant imported Lambs Woollen Yarn under Bill of Entry No 213386 dated 15.7.1996 against Advance Licence No 0018073 dated 03.07.1996 and Fully Automatic Reconditioned Power Operated Flat Bed Knitting Machine-vide Bill of Entry No. 256544 dated 24.7.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 14.1.1999 respectively written to the Manager, PNB, Ludhiana with a request to remit the amount of Rs. 165459/- and Rs. 843697/- respectively of the bank guarantees in the favour of Govt. Account. The PNB, Ludhiana issued D/D Nos. 925311 dated 07.09.1999 for Rs. 165459/- and 682188 dated 14.5.2001 for Rs. 843697/- in favour of the Assistant Commissioner of Customs, which were deposited in Govt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 073 dated 3.7.96 and EPCG Licence No. 2081529 dated 29.6.95. In terms of the said licence the appellant was to submit certificate of fulfillment of export obligation from DGFT within the stipulated time in the licence. The Appellant could not submit the same in the stipulated time in the licence. The Appellant submitted the said certificate after the stipulated time and in the meantime the departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fulfillment of export obligation- Export obligation fulfilled but discharged certificate delayed and bank guarantee enforced in the meantime-Encashemnet of bank guarantee by Department on non-fulfillment of export obligation, not amounting to payment of duty-Refund of amount so encashed not subject to provisions of limitation under section 27 of Customs act 1962. In the present case no demand was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of bank guarantee, which was not against any confirmed demand was not justified. Further such Enchashem by the Revenue was on account of non-fulfillment of export obligation. The export obligation having been subsequently fulfilled, the refund of amount so encashed is available to the assessee and the same is not subject to the provisions of limitation under section 27 of the Customs Act. The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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