2002 (12) TMI 379

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....es, for the Appellant. Shri N.K. Mishra, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. -  The appellant is a registered exporter and was availing the benefit of DEPB scheme under EXIM Policy 1997-2002 and were importing items under the scheme during the material period 7th April 2000 to 29th December 2000 at Calcutta Airport. Various items, including spares, importe....

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.... DGFT had been amended as a consequence credits under DEPB, could be utilized on and from 7-4-2000 for payment of customs duty on any items which were freely importable except capital goods and licences issued after 7-4-2000 submitted by the appellants were to be accepted by the customs authorities and DEPB licences issued prior to 7-4-2000 for adjustments of the items already cleared. DEPB licenc....

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....ey could accept a DEPB licence for goods already cleared and not the TRAs, which are to be accepted at the same status, as a licence. The TRAs are nothing but substitute for licences. Neither the Customs Act, 1962, nor the EXIM policy or the procedure or any Public Notice issued by DGFT authorities has been relied or shown which provide for any differentiation between a TRA and a licence, as made ....

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.... said facility in view of extension of DEPB scheme to customs stations notified under DEPB scheme vide Circular No. 85/99-Cus., dated 23-12-99. 3. This issue has been examined in the Board. It has been decided that, clearances from those customs bonded warehouses may be permitted by debiting DEPB scrips, which fall within the jurisdiction of a Commissioner of Customs, who also has jurisdic....