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Provisional Assessment

S.No

Citation

Name of the Party

Subject Heading

1

2013 (2) ECS (28) (Mad-HC)(143 KB)

M/s Suzlon Energy Limited

Conversion of Shipping Bills from Drawback and EPCG Scheme to EPCG Drawback and DEEC Scheme could not be allowed after export. Proper Officer may not be in a possession of the documents sought to be amended particular, when the goods already stood exported. For enabling an exporter to draw the benefits of any scheme, not only physical verification of documents would be required, but also verification of the goods of export and their examination by the Customs was necessarily required to be done. By observing so, the Delhi High Court upheld the rejection of the request of the exporter seeking for  conversion of the Shipping Bill from one Scheme to another

2

2013 (2) ECS (10) (Mad-HC)(190 KB)

M/s Avenue Impex, Chennai

Facts narrated by the judicial / quasi - judicial authority are presumed to be correct- if concerned person is of the view that they have not been properly narrated- remedy, if any, is to approach the same authority.
The circulars/ instructions given by the concerned authority would bind the customs authorities. Subsequent guidelines issued by the FSSAI dated 231-6 Jan, 2012, dispensing with requirement to indicate name address and date of manufacture(r)-  said notification  has prospective effect only and administrative instructions do not have retrospective effect. If the statue prescribed a thing to be done in a particular manner, it should be done only in that manner and not in any other manner. Non-furnishing of requisite information cannot be condoned.