Home Case Index All Cases Customs Customs + AT Customs - 2009 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (1) TMI 249 - CESTAT, BANGALOREAdvance Licence – held that - At the time of import of the low silica limestone, the licence did not contain any quantity limits. The appellants subsequently applied to the DGFT for enhancement of the value of the licence. The quantity restriction in respect of import of low silica limestone was made at the time of enhancement. By that time, the appellants had already imported the above mentioned quantity of low silica limestone - Revenue’s contention is that differential quantity between the actual imports and restricted quantity mentioned in the subsequent amended licence is not entitled for duty concession in terms of the Notification No. 203/92-Cus. In our view, this is not correct - Any subsequent change made in the licence would not be having retrospective effect. In any case, the DGFT also had accepted the imports/exports made in terms of the licence and cancelled the letter of undertaking. Later, it is not for the customs department to hold that the appellants violated the licence conditions
|