TaxTMI 
TaxTMI 
2008 (3) TMI 292
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....s Notification No. 53/94, dated 13-7-94. The said notification provides for re-export of the goods within six months from the date of importation or within such extended period not exceeding one year, as the Assistant Commissioner of Customs and Dy. Commissioner of Customs may allow. The appellant vide their letter dated 24-1-2007 requested to extend the time limit by two months, followed up the matter by another letter dated 6-2-2007. On the said request, permission for re-export the goods was allowed by the authorities and directed the appellant to submits proof of re-export by March, 2007 failing which action for encashment of Bank guarantee would be initiated. The appellant submitted Shipping Bills No. 7087559, dated 30-3-2007 to the au....
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....that the conditions stipulated in the Notification No. 153/94 are very clear and the appellant is required to adhere to such condition. He submits that let export order was given to the appellant on 2-4-2007 while the appellants were required to submit the proof of re-export of the goods by March, 2007. In the absence of re-export within the time as has been given by the lower authorities, it has to be considered that the appellant is not complied with the condition of Notification. 5. I considered the submission made by both sides and perused the records. The undisputed fact is that the appellant imported Transformer Tank for repairing and re-export under provisions of Notification No. 153/94. It is also undisputed that the appellant av....
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.... exercise of the powers conferred under sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods (hereinafter referred to as the said goods) of the description specified in column (2) of the Table hereto annexed and falling within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India, from the whole of the duty of customs leviable thereon specified in the said Schedule and from the whole of the additional duty leviable thereon under section 3 of the second mentioned Act subject to the conditions, if any, laid down in the corresponding entry in column (3) thereof. TABLE S. No....
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.... within the aforesaid extended period; (b) to produce the goods before the Assistant Collector of Customs for identification before re-export; (c) to pay the duty if the re-export does not take place within the stipulated period It can be noticed from the above reproduced portion that wherever necessary the Notification clearly indicates that the extended period was to be from the "date of importation". To my mind, the period that can be extended for re-export of the imported goods for repairing is one year from the expiry of initial six months. 9. From the perusal of the record, it is seen that the appellant had, in fact, filed shipping bill no. 7087559, dated 30-3-2007, to the authorities for exporting of the said co....