2006 (3) TMI 480

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..... Havanur, SDR, for the Respondent. [Order per : S. L. Peeran, Member (J)]. - The appellants are challenging confirmation of demand in terms of OIO No. 1/05, dated 25-2-2005 passed by the Commissioner of Customs, Bangalore. The appellants had obtained import licence dated 28-7-1998 issued by JDGFT, Bangalore under EPCG scheme in terms of Exim Policy 1997-2002 for the import of capital goods.....

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....ng period is subsisting. He submits that the demand is pre-mature and prays for remand of the matter to the authorities with a direction to initiate proceeding only after the expiry of the licencing period. He relies on the ratio of the following judgments. (1)     Machano Paper Machines Ltd. v. CC - 2002 (149) E.L.T. 344 (T) (2)     Commissioner v. Ma....

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....itiated against the assessee for confirmation of demands is justified. 3. On a careful consideration, we are of the considered opinion in the light of the citations already noted that in terms of the provisions of the notification, the matter cannot be adjudicated till the expiry of the licencing period. The licence expires only on 27-7-2006. The appellants have taken a plea that they have....

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....he Board Circulars are binding on the officers. In view of the citations and submissions made, more particularly with regard to the point that the period for export has been extended to 27-7-2006, we are of the considered opinion that the matter has to go back to the Commissioner for de novo consideration. The Commissioner has to initiate the proceedings only after the expiry of the licencing peri....