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TMI Blog2025 (4) TMI 574X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 114A of Customs Act, 1962 as well as Rs. 5,00,000 under section 114AA of Customs Act, 1962. The impugned order [order-in-original no. CAO/CC/AKG/01/2014 Adj(X) ACC dated 24th September 2014] of Commissioner of Customs (Export), Air Cargo Complex, Mumbai adjudicated duty liability on two bills of entry, viz., 200/13.09.2011 at 199/13.09.2011 for imports at Air Cargo Complex (ACC), Mumbai that had been against scrips' under the 'status holder incentive scheme (SHIS)' of Foreign Trade Policy (FTP), 2009-14 while clearing further import, valued at Rs. 79,18,794, through Jawaharlal Nehru Customs House (JNCH), Nhava Sheva against bill of entry no. 4934545/17.10.2011 by debit of Rs. 18,92,195, being duty foregone under the 'zero duty export pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that year, the benefit of Status Holder Incentive Scheme under Para 3.16 of the Foreign Trade Policy. In case, they have already availed the SHIS benefit, they would be eligible for Zero Duty Scheme if they surrender or refund SHIS with applicable interest in case SHIS has been utilized.' in Foreign Trade Policy (FTP) 2009-2014 and to '4. Para 3.10.3(b) is being rewritten to better reflect the intention of policy. The rewritten para will be as under: (b) In case an applicant has availed Zero Duty EPCG Authorization during the year 2010-11 or 2011-12 or 2012-13, they shall not be entitled to SHIS for that year (i.e. for the exports made during the respective previous years 2009-10, 2010-11. 2011-12). Such SHIS applications will be s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heme not the vice versa. Therefore, the importer's contention that they have paid duties alongwith applicable interest on the import of Capital Goods under Zero duty EPCG scheme to avail the benefit of SHIS is not sustainable.' in the impugned order was the contextual background as also the appreciation of the policy prescription thus '14.6 However, according to DGFT Public Notice No. 12 (RE-2012V2009-14 New Delhi, dated 26.07.2012,Para 3.10.3 (b) is being rewritten to better reflect the intention of policy with deemed effect from 5.06.2012. The written Para will be as under: "In case an applicant has availed Zero Duty EPCG Authorization during the year 2010-11 or 2011-12 or 2012-13 they shall not be entitled to SHIS for that year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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