9911796707
TMI Blog2004 (1) TMI 78X X X X Extracts X X X X X X X X Extracts X X X X ..... uct manufactured out of it, namely, brass artwares (handicrafts) of the FOB value of Rs. 32,67,436/-. Under the column 'quantity to be exported' the appellant 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 lic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds or any portion thereof shall not be sold or loaned or otherwise transferred to any other person or utilized or permitted to be utilized or disposed of for any other purpose. 6.The conditions are in tune with Para 281 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 furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdirected itself in proceeding to consider at length the question whether licence was issued under Appendix 14-A. In dealing this aspect the Tribunal had apparently in view Para 271(2) which reads as follows. "(2) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnish a certificate. It is unnecessary to embark on an enquiry whether before the licence was issued such certificate was produced. 10.We have said all this only to highlight that the distinction sought to be made by the Tribunal between 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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