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of <h1>Tribunal Rules in Favor of Company: Conversion of Shipping Bills u/s 149 of Customs Act Permitted.</h1> <h3>MAN INDUSTRIES (INDIA) LTD. Versus COMMISSIONER OF CUSTOMS (EP), MUMBAI</h3> MAN INDUSTRIES (INDIA) LTD. Versus COMMISSIONER OF CUSTOMS (EP), MUMBAI - 2006 (202) E.L.T. 433 (Tri. - Mumbai) Issues Involved:1. Conversion of DEPB Shipping Bills to DEEC Shipping Bills.2. Application of Board Circulars and statutory rights under Section 149 of the Customs Act, 1962.3. Jurisdiction of Commissioner (Appeals) and CESTAT.Detailed Analysis:1. Conversion of DEPB Shipping Bills to DEEC Shipping Bills:M/s. Man Industries (I) Ltd. exported 'carbon steel submerged ARC welded pipes' under the DEPB Scheme but later requested conversion to the DEEC Scheme, citing a filing mistake. They provided necessary documentation, including the Chartered Engineer Certificate and Advance Licence, to support their claim. However, their request was initially rejected due to the lack of a declaration regarding exempted material at the time of export and the absence of a Standing Order for such conversion.2. Application of Board Circulars and statutory rights under Section 149 of the Customs Act, 1962:The Commissioner (EP) rejected the conversion request based on Board Circular No. 4/2004-Cus., which allows conversion only when benefits are denied by DGFT or Customs due to disputes. The Commissioner concluded that the case did not meet the criteria under Circulars No. 6/2003 and 40/2003, as the exporter voluntarily chose the DEPB Scheme. The Tribunal, however, emphasized that the statutory right under Section 149 of the Customs Act, 1962, allows amendments based on existing documentary evidence at the time of export. The Tribunal criticized the Commissioner for being bound by the Board circulars, which cannot override statutory provisions.3. Jurisdiction of Commissioner (Appeals) and CESTAT:The initial appeal to the Commissioner of Customs (Appeals) was dismissed due to jurisdictional issues, as appeals against the Commissioner's decisions lie with the Tribunal. The Tribunal, in its previous order, remanded the case back to the jurisdictional Commissioner for a fresh decision, considering the relevant circulars and Tribunal's precedents in similar cases (Smruti Pottery Works and Sanghi Industries Ltd.). The Tribunal reiterated that benevolent circulars are binding on the department, while assessees can challenge restrictive circulars.Conclusion:The Tribunal set aside the Commissioner's order, allowing the appeal by M/s. Man Industries (I) Ltd. The Tribunal held that the Commissioner should have permitted the conversion under Section 149 of the Customs Act, 1962, based on the documentary evidence provided. The Tribunal also directed adherence to its previous rulings and the statutory provisions, emphasizing that the Board's circulars should not curtail statutory rights. The appeal was allowed, and the impugned order was pronounced invalid in court.
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