2008 (8) TMI 635 - AT - Customs

Tribunal overturns Commissioner's rejection, emphasizes exporters' right to seek amendments under Customs Act Section 149.

The Tribunal overturned the Commissioner's rejection of the appellants' request to convert shipping bills from one scheme to another under Section 149 of ... Shipping bills - Conversion of DEEC Scheme into DEPB Scheme - denial on the ground that the Appellants have not been denied Advance Licence benefit by the DGFT due to some dispute - Held that: - The request of conversion of shipping bills must be considered strictly in terms of conditions (b) to (e) of the Board’s circular No. 4/04-Cus. dt. 16-1-04, which are in accordance with the provisions of the proviso to Section 149 - while refusing the Appellant’s request for conversion of DEEC shipping bills into DEPB shipping bills, neither any personal hearing has been given, nor any specific findings on the point as to whether the conditions (b) to (e) of the circular dt. 16-1-04 are satisfied or not have been given. The impugned order is, therefore, set aside and the matter is remanded to the Commissioner for de novo consideration - appeal allowed by way of remand. Issues:Request for conversion of shipping bills from one scheme to another under Section 149 of the Customs Act.Analysis:The case involved the appellants, manufacturers and exporters of Nylon Filament Yarn, who requested the Commissioner to amend 12 shipping bills under Section 149 of the Customs Act for conversion from the advance license scheme to the DEPB scheme. The Commissioner rejected the request citing reasons such as the absence of a benefit denial by DGFT or customs and the limitations of Section 149. The appellants argued that due to unforeseen circumstances leading to the closure of their factory, they surrendered the advance license and sought conversion to the DEEC scheme. They highlighted the acceptance of the license surrender by the Ministry of Commerce and the absence of any show cause notice before rejection. The appellants emphasized their entitlement to export incentives under either scheme and referenced previous tribunal judgments supporting conversion of shipping bills between schemes.The Tribunal considered the provisions of the Board's circular and Section 149 of the Customs Act. The circular allowed conversion where benefits were denied due to a dispute, subject to specific conditions. Section 149 permitted amendments based on existing documentary evidence post-export. The Tribunal noted that the conditions for conversion in the circular aligned with Section 149, emphasizing the statutory right to seek amendments. Previous tribunal judgments further supported exporters' rights to incentives based on documentary evidence satisfaction. The Tribunal held that the Commissioner's refusal based on benefit denial absence was incorrect and contrary to Section 149. The Tribunal set aside the order and remanded the matter for reevaluation, stressing the need for a hearing and specific findings on the satisfaction of circular conditions for conversion. The Tribunal emphasized adherence to the circular and Section 149 requirements for allowing the conversion of shipping bills between schemes.In conclusion, the Tribunal's judgment focused on the statutory provisions of Section 149 and the alignment of the Board's circular conditions with the Customs Act. It emphasized exporters' rights to seek amendments based on documentary evidence satisfaction and previous tribunal decisions supporting such conversions. The Tribunal directed a reevaluation by the Commissioner, highlighting the importance of a hearing and detailed examination of conditions for conversion as per the circular and statutory provisions.