TMI Blog2014 (4) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... ng bill(s) containing details of shipment effected or bills of export in case of export to SEZ - Before discharging BG/LUT against physical exports, the Customs shall verify that the details of the exports as given in the “Redemption Certificate” are as per their records. Assessee sought for conversion of free shipping bills into DEEC Shipping bills that has not been granted – Thus, Respondents 1 and 2 have invoked the Bank guarantee - As the Bank guarantee has already been invoked, it may not be appropriate to direct the Respondents 1 and 2 to refund the amount unless the petitioner produces the discharge certificate from the competent authority regarding discharge of export obligation - As and when the petitioner produces the discharge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xported vide 15 free shipping bills. 3. At the time of import of the permitted goods, the petitioner had furnished as security seven Bank guarantees by the Standard Chartered Bank, Mumbai, in the months of May to August for an amount of Rs. 2,17,41,000/-. It was valid till 2009. 4. The petitioner submitted requisite documents to the Joint Director General of Foreign Trade, Mumbai, for redemption of the advance license and issuance of Export Obligation Discharge Certificate. The Joint Director General of Foreign Trade authorities observed that 15 shipping bills were filed under the free category and not under the DEEC scheme and consequently, put on hold the process of issue of Export Obligation Discharge Certificate and advised the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y hearing. The case was listed on several dates, but could not reach. 7. It is stated, the petitioner Company was transferred to a new Company w.e.f. 1-1-2011 including its employees. Therefore, the original Bank guarantees were not renewed. The second respondent issued letter dated 23-2-2013 to Standard Chartered Bank, Mumbai, seeking to encash the original Bank guarantees. The second respondent informed the petitioner through e-mail dated 16-3-2013 to renew the Bank guarantees as they had expired in 2009. On 19-4-2013, the petitioner furnished seven new Bank guarantees by the Respondent No. 3 for an amount of Rs. 2,17,41,000/-. It was submitted to the Respondent No. 2 vide letter dated 19-4-2013 along with a request not to encash the B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts 1 and 2 submitted that the Respondents 1 and 2 have rightly invoked the Bank guarantee. Further he submitted that the bills submitted by the petitioner were not in proper form. Further he submitted that the discharge certificate is required and the petitioner has not produced discharge certificate from the competent authority to show that export obligation has been discharged. Further he submitted that the time stipulated was 24 months. The petitioner has not produced any evidence to show that he has discharged his export obligation. In the absence of discharge certificate, the Respondents 1 and 2 were justified in invoking the Bank guarantee. Further he submitted that if the discharge certificate is produced from the competent authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing bills. The petitioner has submitted representation dated 3-9-2007 to the first respondent requesting for conversion of 15 free shipping bills into DEEC shipping bills. The first respondent has issued show-cause notice dated 7-11-2007 to the petitioner proposing to reject the request of petitioner for conversion of 15 free shipping bills into DEEC Shipping bills on the ground that necessary examination and assessment of export under DEEC scheme has not been carried out. The petitioner has submitted his reply. Thereafter, by order dated 18-5-2009, the first respondent has rejected the request of the petitioner for conversion of 15 free shipping bills into DEEC shipping bills. The petitioner has preferred an appeal before the CESTAT, Banga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Authority to access it from the website. Before discharging BG/LUT against Physical Exports, the Customs shall verify that the details of the exports as given in the Redemption Certificate are as per their records. However before discharging BG/LUT against Intermediate Supplies and Deemed Exports, the Customs shall verify the details of the supplies from the Central Excise Authorities/Bond Officer. 14. It is clear from paras 4.25 and 4.26 of the Handbook that the license holder shall furnish EP copy of shipping bill(s) containing details of shipment effected or bills of export in case of export to SEZ. Before discharging BG/LUT against physical exports, the Customs shall verify that the details of the exports as given in the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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