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TMI Blog2021 (4) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... ry of Commerce in respect of the two Advance Licences in question, certifying that the appellant have discharged their obligation, the issue no longer survives. Appeal allowed - decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... they are made of magnetic or non-magnetic stainless steel. 4. The exporter was effecting the said export under two Advance Licence (Nos.051040720 dated 6.12.2017 and 0510406510 dated 17.05.2018) and as per the condition of Advance Licence, the raw materials i.e., "non-magnetic stainless steel coil grade - 201, used in the manufacture of final products/export goods, was imported with a condition that type, specification & grade of steel should conform both in import & export. 5. Representative sample of the export goods was drawn and sent to Revenue laboratory i.e. CRCL Pusa, New Delhi for ascertaining whether the goods are magnetic or non-magnetic and whether the said goods i.e. stainless steel utensils are in the category of Grade -201 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sonal hearing, accordingly order in original was passed which is on record. Relying on the test report of CRCL reference was made to Foreign Trade Policy wherein Advance Authorisation is - duty exemption scheme under para 4.01 of the policy and it issue to allows duty free import of inputs, which is physically incorporated in export product (making normal allowance for wastage). It was further held that the appellant have contravened the provisions of Section 113(i) of the Act and goods are liable for confiscation, the export goods having FOB value of ₹ 34,86,522/- with option to redeem on payment of fine of ₹ 8 lakhs. Further, penalty was imposed amounting to ₹ 4 lakhs each under Section 114(iii) and 114AA of the Act. 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 dated 25.10.2018. It is further pointed out that the Foreign Trade Development Officer under the Ministry of Commerce and Industry, New Delhi have issued 'Redemption letter' dated 16.04.2019 in respect of Advance authorisation No. 05104047620 dated 06.12.2017 and Redemption letter dated 17.09.2019 in respect of Advance authorisation No. 0510406510 dated 17.05.2018, certifying that the appellant have realised the FOB value of license and CIF value of licence and have also met export obligation in full value, as well as in quantity term in proportion to import made. Consequently, the Advance licence is redeemed in terms of para 4.2.6 of Handbook of Procedure 2004-09 and further granted that the 'Export Obligation Discharge Certificate'. 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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