TaxTMI 
TaxTMI 
2013 (10) TMI 1152
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....ein after referred to as DFIA) which they procured from M/s. Steelco Gujarat Ltd. against consideration. Two Bills of entry dated 30.10.07 and 31.10.07 were filed by them for warehousing the imported goods along with DIFA and endorsement of transferability issue of DIFA. Subsequently goods were cleared by Ex-bond Bills of entry dated 30.10.07 and 31.10.07 under the claim of benefit of notification NO. 40/06-Cus which grants exemption to the imports made under DIFA, from the basic customs duty as also from Countervailing duty. 2. After the clearances of the goods, further investigations were made and records were scrutinized which transpired that the foreign trade policy underwent some changes in the year April, 2007 and April, 2008. Accord....
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....ara is to the following effect: "4.4.6 Transferability Once export obligation has been fulfilled, request for transferability of Authorization or inputs imported against it may be made before concerned RA. Once, transferability is endorsed, Authorization holder may transfer DFIA or duty free inputs, except fuel and any other item (s) notified by DGFT. However, for fuel, import entitlement may be transferred only to companies which have been granted authorization to market fuel by Ministry of Petroleum and Natural Gas. Once transferability is endorsed, imports against authorization or transfer of imported inputs shall be subject to payment of applicable additional customs duty / excise duty. While en....
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....ds clarified in the subsequent policy wherein it was specifically held that authorization issued prior to 1.4.2007, shall continue to avail the benefit of exemption from additional customs duty / excise duty. Apart from the above, we also note that subsequently a circular was issued by the Board, being Circular No. 11/09-Cus dated 25.2.2009. Para 9(d) of the Circular read as under:- "(d) as regards the authorizations issued prior to 1.4.2007, the DOC in para 4.4.6 of the FTP (2008) has provided that, exemption from payment of additional duty of customs /excise duty shall continue to be available, even after endorsement of transferability. In view of this, no action need be taken to recover revenue in such cases." Admittedly t....