9911796707
TMI Blog2004 (1) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... case of the assessee, nor the supporting material produced by it was referred to by the Tribunal before reaching this conclusion. True, the adjudicating authority did not accept the appellant's contention in this regard. But, even the adjudicating authority had not gone into all the relevant aspects. The case was rejected merely on the basis of endorsements in the passbook and the alleged discrepancy of 500 kgs. in Sl. No. 3 of the statement. That the balance sheet did not contain details of utilization is another point noted. It has been commented by the learned Counsel for the appellant that the discrepancy was explained before the Tribunal and it was further contended that the balance sheet need not reflect necessarily the details regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant mentioned 'as per value'. Serial No. and appendix of import policy was mentioned as 'appendix 25, H.1'. In the declaration, it was made clear that the quantities and value of the items sought for import are actually required for the manufacture of the export product. 3.The Assistant Chief Controller of the Imports and Exports granted the licence on 7-6-1988 and issued a passbook. The details relating to the description of goods, the quantity and value of brass scrap to be imported and the value of the exports are mentioned in the licence as per the application. In column 6 of the licence, the limiting factor for purposes of the clearance through Customs is stated to be - 'quantity and value both'. In condition 6 appended to the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 of the Imports and Exports Policy, 1988. 7.In reply to the show cause notice, the appellant took two fold stand; (i) that the export obligation has been fulfilled with the exportation of brass artware of the FOB value of Rs. 32,67,436/- as borne out by the entries in the passbook; (ii) the entire raw material Imported was utilized in the manufacture of exported goods and no quantity was sold or disposed of contrary to the terms of the notification or the policy. The appellant clarified that it refrained from getting further endorsements in the passbook after the export to the extent of Rs. 32,57,415/- was reached, but the export of the resultant product continued even thereafter. It was also clarified that the exported quantity was to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In cases where the Pass Book has been issued as per the import entitlement rate given in Appendix 14-A, the export obligation will have to be fulfilled in terms of value only. In other cases, the export obligation shall have to be fulfilled both in terms of quantity and value." We find that the doubt entertained by the Tribunal in this regard is wholly unfounded apart from being extraneous to the issue which the Tribunal was called upon to consider. In Part 3 of the application for licence, Appendix 25, H.1 is mentioned. It is not in dispute that this Appendix became 14-A in the succeeding import policy which came into force by the time the licence was issued H.1 is the description of export products, viz., handicrafts of aluminium, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the so called 14-A licence and 14-C licence is erroneous. The crucial question to which the Tribunal should have addressed itself is whether the raw material imported duty free was utilized in the manufacture of exported products. In this regard, the definite case of the assessee, as put forward in the reply to the show cause notice and the documents placed before it or the adjudicating authority should have been examined. Instead of that, the Tribunal made a bald observation that the appellant could not specifically account for utilization of the balance quantity of 36,104 kgs. Neither the case of the assessee, nor the supporting material produced by it was referred to by the Tribunal before reaching this conclusion. True, the adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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