TMI Blog2017 (9) TMI 1452X X X X Extracts X X X X X X X X Extracts X X X X ..... FRC licences were dated 11.05.2001 as well as 13.08.2001. The date of shipment is 21.11.2002, for which, the Bills of Entry were filed on 11.12.2002 - There is nothing on record to suggest that the date of the DFRC licences were otherwise. Further, the scheme of DFRC provides for procurement of valid licences subsequent to its issue the purposes of import by third parties - appeal dismissed - deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 071909 and CETH 720719 @ 40% + 16% + 4% without extending the benefit of DFRC notification, as the DFRC licences No. 021002371, dated 11.05.2001 and 0210025254, dated 13.08.2001 produced by the respondents were found to have expired on 30.11.2002 and 28.02.2003 respectively. 3. The benefit of the DFRC licences was not extended for the reasons that DFRC licences were issued initially to M/s. Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argued that validity of the import licence is decided with reference to the date of shipment of the goods from the supplying country and not the date of arrival of the goods at the Indian port. The date of shipment as per Bill of Lading is 21.11.2002. Since the licences were procured by the respondents only subsequent to the import of the goods, it is to be held that the respondents did not have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id licences subsequent to its issue the purposes of import by third parties. Consequently, we are of the view that the licences were valid on the date of shipment and as such cover the goods under import. In view of the above discussions, the impugned order js upheld and the appeal filed by Revenue dismissed. (Operative part of the order pronounced in open court on 21.06-2017) - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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