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Niwas Spinning Mills Ltd. Versus Commissioner of Customs (Export Promotion) New Customs House, Mumbai

Valuation - import of second-hand machines - EPCG scheme - enhancement of value - Held that: - The enhancement accorded by the licencing authority is incorporated into the licence and it has the effect of having been revised to the higher limit from the original date of issue. The assessing officer appears to have encashed the bank guarantee without finalizing the provisional assessment which is an action outside the authority of law. Duties become payable only upon assessment and failure to dis .....

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of licence as on date of import, i.e., ₹ 4,97,180 along with interest from 1st December 1995 to 29th September 1998 when the bank guarantee was encashed. The interest liability is approximately ₹ 2,53,275. With a total liability of ₹ 7,50,455 appellant is entitled to refund of the amount appropriated in excess in the order-in-original. - Appeal is allowed by modifying the demand of duty and interest as narrated supra. The assessment is finalized on the above terms and the .....

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77; 33,72,89,389, under the Export Promotion Capital Goods (EPCG) scheme of the Foreign Trade Policy notified under Foreign Trade (Development & Regulation) Act, 1992. The licence no. 01500061 dated 18th October 1995 was registered at JNCH, Nhava Sheva. Release advice no. S/32A/3785/95 dated 27th December 1995 for 8 nos. 'Schlathorst Autocoers' for value of ₹ 69,40,857 was presented at Mumbai Customs for clearance of eight machines covered by two bills of entry. 2. On assessmen .....

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ition of provisional assessment. The licencing authority had, initially, vide letter F No. 01/36/022/13/AM-96/EPCG-III/101 dated 26th May 1997, declined to entertain the application but it was finally acceded to by enhancing the permissible limit of import to US$586487 vide letter dated 29th January 1999. Despite this enhancement, the licence was yet not sufficient to cover import value of US$ 41208.64 or ₹ 13,25,811.17 on which the duty leviable was ₹ 4,97,180. 3. While the request .....

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r back to the original authority. The appellant then sought refund of "the encashed amount and, as no response was forthcoming, approached the Hon'ble High Court of Bombay whereupon expedtitious disposal of the matter was directed. 4. In the de novo proceedings, the original authority observed that appellant had failed to submit release advice from the Customs House of registration for the enhanced amount and, concluding that it had not been produced despite time having been granted, de .....

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