2007 (4) TMI 34

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s obtained Export Promotion Capital Goods (hereinafter referred to as EPCG) licence dated 14-1-98, in terms of para 6.2 of the policies. The said licence was procured by the appellants in terms of the 0% duty scheme in tems of Notification No. 29/97-Cus. It is pertinent to note that during the relevant period, there were two types of EPCG scheme. The salient features of both the schemes are as under :-   '0' % duty scheme Notifica- tion No. 29/97   10% duty scheme Notifica tion No. 28/97   Rate of duty -BCD   Nil   10%   Rate of Duty -CVD   10%   Nil   Export obligation   6 times value of Capital Goods imported   ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was issued on 6-6-2002. It was only thereafter that the importer, vide their letters dated 28-7-2003 and 7-8-2003 approached the DGFT for amendment of the licence. As such, he has held that sub sequent validation of the licence after the date of expiry and after contravention of the condition of Notification No. 29/97 gets established will not absolve the appellants from their liability to pay duty in terms of the Notification No. 29/97. Inasmuch as there was a clear failure on the part of the importer to meet condition 5 of the Notification, they are liable to pay duty. It has also been held by the adjudicating authority that conversion of licence from 0% scheme has only perspective application and cannot have any retrospective effect. DGF....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ity, not below the rank of the Assistant Controller. Amendment of Licences may be in respect of description of goods, value/quantity, date of shipment, country of shipment, etc. A question arises as to the date from which the endorsement made in an Import Licence/CCP subsequent to its issue would become effective. The Ministry of Law to whom a reference was made in this respect by the Central Board of Excise & Customs advised that amendment to a licence takes effect as if it existed on the date on which the licence was issued. This would indicate that the importer may claim the benefit of amendments from the date of issue of the licence itself." A combined reading of the above provisions would lead us to conclude that DGFT has powers to ....