9911796707
TMI Blog2023 (6) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... zed Representative for the Respondent ORDER PER R. MURALIDHAR The Appellant is a service provider and they had obtained EPCG Licences for import of capital goods under concessional rate of Customs Duty. They have imported the capital goods vide four Bills of Entry during the period 2007-2009 getting the Customs Duty benefit under the EPCG Lincences. Their imports were covered by the Bank Gua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of realization of bank guarantee has been taken. Being agitated by the confirmed demand of interest, the Appellant is before the Tribunal. 2. The Learned Advocate appearing on behalf of the Appellant submits that the DGFT took the decision to cancel their licence after an enormous delay of six years. The DGFT never made any enquiries as to whether the Appellant was entitled to get the benefi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the EPCG Licences were issued in 2007 but were cancelled by DGFT in 2013. So far as the Customs Duty initially saved is concerned, in terms of Notification No.97/2004-Cus and 64/2008-Cus, the Appellant has the liability to discharge the Customs Duty along with applicable interest as per Para 2(5) of these Notifications, if the conditions of these Notifications are not fulfilled. Therefore whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he other two Bills of Entry. The Adjudicating Authority is directed to re-calculate and requantify the interest payable by taking the realization date as 03/01/2014 as their consent to the Department for encashment of Bank Guarantee was given on 02/01/2014 itself . The Appellant is liable to pay the re-quantified interest within 30 days from the date of requantification. 7. The Appeal is disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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