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Super Spinning Mills Ltd. Versus The Commissioner of Customs And Central Excise

2015 (11) TMI 1026 - MADRAS HIGH COURT

Denial of concessional rate of duty - violation of condition 6 - appellant/assessee was faced with the dilemma as to whether they must have a provisional clearance of the goods or they must await the actual issue of the EPCG licence and incur the demurrage. - Held that:- licence issued on 17.5.1995 imposed only two limitations or restrictions upon the assessee. One was in respect of time available to the assessee to complete the import and the other was the CIF value of the machinery which the l .....

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d from the Customs on 15.3.1995, as otherwise, they had to incur demurrage, without knowing the proposed date of issue of licence. The decision to grant licence for the import of the very same machinery at concessional rate had been taken by the Committee atleast one month before the date of clearance of the goods. The meeting in which the Committee decided to issue a licence took place on 13.2.1995 and the assessee cleared the machinery from the Customs on 15.3.1995. But, the DGFT issued the li .....

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And T. Mathivanan , JJ. For the Appellant : Mr. K Ravi For the Respondent : Mr. T Chandrasekaran JUDGMENT ( Judgment of the Court was delivered by V. Ramasubramanian, J. ) This appeal is by the assessee under section 130 of the Customs Act, 1962. 2. Heard Mr.K.Ravi , learned counsel for the appellant and Mr.T.Chandrasekaran , learned Standing Counsel for the Revenue. 3. On 9.12.1994, the appellant filed an application with the Director General of Foreign Trade, for the grant of licence known as .....

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have a provisional clearance of the goods or they must await the actual issue of the EPCG licence and incur the demurrage. Choosing the former one, the assessee had provisionally cleared the goods on 15.3.1995. 5. The Department claimed that the appellant was not entitled to concessional rate of duty in the light of condition No.6 contained in annexure A to the licence dated 17.5.1995 which reads as follows:- "This licence shall be deemed to be valid for the goods already shipped/arrived pr .....

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to the assessee to complete the import and the other was the CIF value of the machinery which the licensee proposed to import. The conditions incorporated in annexure A of the licence did not call upon the assessee to wait until the date of issue of licence even for placing a purchase order upon the foreign exporter. The only restriction as could be seen from Annexure A to the licence was that the assessee should not have cleared the goods, from the Customs and should not have paid customs duty .....

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