9911796707
TMI Blog2018 (9) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... ("DCS" for short) by the respondent authorities on 31-7-2013. This certificate could be utilised by the petitioner for payment of Excise duty on domestic procurement upto the extent of duty credit which in case of the petitioner happened to be Rs. 26,04,733/-. The limit for the purpose of such clearance was 18 months. In other words, the last date of validity of the scrip was 31-1-2015. As per the scheme, such DCS had to be registered with the Customs authorities. According to the petitioner, such scrip was handed over to the petitioner's Customs House Agent ("CHA" for short) on 12-8-2014 for registration. However, the original was lost by CHA on 14-8-2014. An FIR to this effect was also lodged on 19-9-2014. The petitioner therefore, made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary power to do so. Such request came to be rejected by the Policy Relaxation Committee under the Director General of Foreign Trade which in its meeting dated 27-9-2016 had recorded as under : "Decision : The committee observed that the submissions made by the applicant do not establish the fact that there was any delay on the part of the concerned Regional Authority or any other Government Department in issuance of documents for issue of duplicate scrip. Duty credit scrip is a freely transferable instrument. The Committee therefore, did not accede to the request." 3. On 31-12-2016, the petitioner made a detailed representation and urged the respondent authorities to grant extension of the validity period. Case of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it was sent for registration which was one of the requirements under the policy. The petitioner had applied for issuance of duplicate scrip which was granted after some delay by DGFT authorities. By the time scrip was revalidated and same was also registered with the Customs authorities, barely couple of days were left before its expiry. In such a short span it was not possible for the petitioner to either utilise the scrip or to transfer the same to intended purchasers. 6. On the other hand, Learned Counsel Shri Nikunt Raval for the department opposed the petition contending that the Committee has taken a proper decision after considering all relevant aspects of the matter. The later decision of the Committee was rendered after gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... later decision dated 3-1-2017 cited additional reasons namely, the duty credit scrip is a transferable instrument having specific validity. The petitioner had the option to sale or transfer it within its validity period. The petitioner did not do so initially for a period of over 12 months. The petitioner did not apply for issuance of duplicate scrip with all necessary documents. No genuine hardship is noticed. No justification for not utilising the scrip for 12 months is given. The Committee therefore, reiterated its earlier decision. 8. While recognising the powers of the Committee to revalidate the period of scrip, we must recognise its discretionary nature. As noted, when the scrip gives certain financial benefits to an exporter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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