9911796707
TMI Blog2013 (10) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... is required to be put on authorization, by the authorities, at the time of endorsing transferability. Admittedly, such a note can be put to authorization only in respect of those documents which are endorsed after coming into existence of the new provisions. Such note cannot be put on the documents issued prior to April, 2007. In the present case, the documents were issued prior to April, 2007. This leads us to conclude that new policy is applicable in those documents which are endorsed for transferability after April, 2007. Circulars issued by the Board clarifying the disputed issues are binding on the departmental authorities deciding the same very issue and they cannot be heard arguing the same. Inasmuch as the said circular in clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me changes in the year April, 2007 and April, 2008. According to the transferability para 4.4.6 of the foreign trade policy, the imports made against DIFA were required to discharge duty liability in respect of additional customs duty. Inasmuch as the imports were made after the change in the foreign trade policy, though the DIFA were issued prior to said change, Revenue entertained a view that said imports attracted additional Customs duty/ countervailing duty. 3. Accordingly, proceedings were initiated against the appellant for confirmation of said duty resulting in passing of present impugned order passed by Commissioner vide which he confirmed the demand of Rs. 1,06,58,290/-. However, by noticing that this was on account of change in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms duty / excise duty. While endorsing transferability, authorization would bear a note as to liability of such additional customs duty / excise duty. Such additional customs duty / excise duty would be reimbursed to exporter as drawback. In case of local sales by excisable unit, Cenvat credit would equal excise duty already paid." As is seen from the second unnumbered paragraph, while endorsing the transferability, authorization is required to bear the note as to liability of such additional customs duty/ customs duty which would be reimbursed to exporter as draw back. One thing becomes clear from said para that such note is required to be put on authorization, by the authorities, at the time of endorsing transferability. Admittedly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses." Admittedly the above circular was issued subsequent to passing of present impugned order by Commissioner and as such the adjudicating authority did not have the benefit of examining the same. It is well settled law that the circulars issued by the Board clarifying the disputed issues are binding on the departmental authorities deciding the same very issue and they cannot be heard arguing the same. Inasmuch as the said circular in clear terms clarifies that the amendments made in the Policy would not be applicable to the authorization issued prior to 1.4.07, we are of the view that confirmation of demand against the appellants is not justified. Otherwise also, we find that Tribunal's decision, in the case of Monica Electronics Ltd. v ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
