9911796707
TMI Blog2019 (11) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... t ORDER M/s. Indian Oil Corporation, Chennai (IOCL in short) was engaged in supply of excise-bonded ATF (Aviation Turbine Fuel) to foreign going aircrafts of various airlines. They had obtained Advance Authorization License and exported, by such supply to foreign going aircrafts, under the license to avail the facility of duty free import of crude oil. IOCL for the period between 1.7.2010 and 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y allowed conversion in respect of 1687 shipping bills only. Against such order the appellant filed appeal before the Tribunal and vide Final Order dated 13.02.2017, the matter was remanded for considering afresh with respect to the remaining shipping bills. In such remand proceedings, the Commissioner disallowed conversion in respect of 2178 shipping bills on the ground that the let export order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered by the Tribunal and it was observed that since there is no time limit prescribed by law, during the relevant period, the department cannot reject the request for conversion of the shipping bills by placing reliance on the Board circular. The said decision though appealed by the assessee before the Hon'ble High Court of Madras, it was observed by the Hon'ble High Court that in pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be granted. During the relevant period there was no provision under the Customs Act, 1962 prescribing the time limit for conversion of the shipping bill. Further, in the case of Global Calcium Pvt. Ltd. (supra), the request of the assessee was for conversion of the free shipping bills to drawback shipping bills. The Tribunal after considering the submissions observed that the time limit specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of the shipping bill cannot be disallowed by pressing into the application of time limit prescribed by the Board in its circular dated 23.9.2010. 6. After considering the facts as well as following the above decisions, I am of the considered opinion that the impugned order cannot sustain and the same is set aside. The appeal is allowed by way of remand to the original authority for conversio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
