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TMI Blog2014 (2) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... nter alia require a license. No such license was produced but it was stated that the appellant had applied for a license before arrival of shipment and it would take some time for to completing formalities and sought provisional release of the goods under Section 143 of the Customs Act, 1962. The goods were released on 13.03.2006 against a bank guarantee provided. The appellant could not obtain a license within the validity period of the bank guarantee. The Bank Guarantee was extended upto 13.11.2008. By the letter dated 18.01.2008 the appellant was directed to produce the licence. In response the appellant, on 02.02.2008 sought further extension of time, on the ground that its application was pending with the DGFT. 2. Eventually, a show c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, in para 7 of the appellate order; extracted the provisions of Chapter 1A, para 1.5 of the Foreign Trade Policy 2004-09; observed that there was no irrevocable letter of credit in the instant case and the appellant could not invoke the benefits of the provisions relied upon; and concluded that since restricted goods were imported without an import license and thus provisions of the Foreign Trade Policy, 2004-09 were contravened, the order of the primary authority, ordering confiscation of goods; providing for redemption on payment of redemption fine and imposing penalty under Section 112(a) of the 1962 Act, was not in error. The appeal was dismissed. 5. Heard the ld. Counsel for the appellant-assessee and ld. DR for the respondent/ Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; that the appellant had remitted US$ 38,000 on 30.03.2006; that the exporter had shipped 3.482 MT only and that the difference amount of US$ 4921 was remitted in favour of the appellant by demand draft. This certificate by the exporter corroborates the whole chronology of events, established by the documents. 7. It requires to be noticed that paragraph 1.5 of Chapter 1A of the Foreign Trade Policy, 2004-09 clarifies that in case an export or import that is permitted freely under FTP is subsequently subjected to any restriction or regulation, such export or import will ordinarily be permitted notwithstanding such restriction or regulation, unless otherwise stipulated, provided that shipment of export or import is made within original valid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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