2024 (1) TMI 143

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....earance of Watermelon Seeds falling under Customs Tariff Heading 12077090. It appeared that the impugned goods was restricted vide Notification No. 03/2015-20 dated 26.04.2021 and import thereof was allowed subject to the Policy Condition No. 4 of the Chapter 12 of the Customs Tariff Act, 1975. As the appellant failed to fulfill the conditions stipulated in the said notification, the goods appeared to be liable for confiscation and therefore, the impugned goods were placed under seizure on 07.01.2022. The appellant vide letter dated 27.12.2022 submitted that they did not want show cause notice and personal hearing in the matter. Accordingly, the Adjudicating Authority passed the impugned order as under:- i) Confiscated the goods im....

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....alidity period of an irrevocable commercial letter of credit established before the date of imposition of such restriction it shall not be applicable. 4.1 It is his submission that in the present case there is no dispute that the shipment of import was made within the original validity period of an irrevocable commercial letter of credit, therefore the restriction imposed post shipment of imported goods, such restriction shall not apply in the facts of the present case. In this regard, he referred to all the import documents which shows that Para 1.05 (b) is applicable. Accordingly, the restriction is not applicable. Consequently, the entire case of the department fails. 5. Shri R.R Kurup, Learned Superintendent (AR) appearing on beha....

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....ted to the balance value and quantity available and time period of such irrevocable letter of credit. For operationalising such irrevocable letter of credit, the applicant shall have to register the Letter of Credit with jurisdictional Regional Authority (RA) against computerized receipt, within 15 days of the imposition of any such restriction or regulation." 6.2 From the above para 1.05 (b) it is crystal clear that if the goods are imported which is freely importable under foreign trade policy and the same is subsequently subject to any restriction or regulation , the import shall be permitted notwithstanding such restriction subject to condition that the shipment of import is made within the original validity period of an irrevocable ....