TMI Blog2018 (3) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... k for the compliance of the condition which was later on introduced in the Policy for the import / bond executed which was made earlier - appeal allowed - decided in favor of appellant. - Customs Appeal No.51766 to 51771 of 2017 - A/50681-50686/2018-CU[DB] - Dated:- 13-2-2018 - Mr. (Dr.) Satish Chandra, President And Mr. B Ravichandran, Member (Technical) Shri Amit Jain Advocate - for the Appellants Shri R K Majhi, DR - for the Respondent ORDER Per: B Ravichandaran These appeals have been filed against the common Order-in- Appeal No.272-277/2017 dated 28.7.2017 of Commissioner (Appeals), New Custom House, New Delhi. The appellant is a Government of India undertaking engaged, among other things, as one of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icy provision and accordingly, duty applicable to such imports are to be recovered by enforcing the bond and penalties also were imposed. He submitted that Policy requirement during the material time as given in para 4A.8 stipulates that EP-copy of shipping bill and bank certificate regarding the documents sent for negotiations etc. were the only requirement. Similarly, the circular which is in line with the Policy, also stipulated similar conditions only. However, the Policy underwent certain modification with reference to proof of export and with effect from 1.4.2008, the condition of production of Foreign Exchange Encashment certificate from Bank was also incorporated. 3. In line with the said amendment, Board also issued a circular d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idence to show that the jewellery containing gold equal to the quantity imported had indeed been exported. This fact is also not under dispute. The learned Special Counsel was at pains to convince us that the non-realization of sale proceeds of the exported goods amounts to violation of the conditions of the notification, because the notification has to be read harmoniously along with export/import policy and also the relevant provisions of Hand Book of Procedures. We do not agree with the contentions of the learned special Counsel. On a plain reading of the notification, we do not think that non-realization of sale proceeds amounts to violation of the conditions of notification by the first appellant. There is no allegation that the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that circular dated 24.7.08 of the Board should be treated as clarificatory and is applicable all along. He submitted that when the gold was imported without payment of duty by the appellant, they are bound by condition including Board s circular on import of such gold. 6. We have heard Shri Amit Jain, learned advocate and Shri R K Majhi, learned DR representing the parties and perused the appeal record. 7. Admitted fact is that except in one case, the bond which is involved in the present case relates to the period prior to pre-amended notification. We have perused the bond condition. Nowhere in the pre-amended EXIM Policy or circular the condition of production of BRC by the importing /nominated agencies has been stipulated. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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