At, Customs Excise Service Tax Appellate Tribunal South Zonal Bench At Chennai
By, THE HONOURABLE MS. JYOTI BALASUNDARAM
By, VICE PRESIDENT THE HONOURABLE DR. CHITTARANJAN SATAPATHY
By, TECHNICAL MEMBER
Ms. Ssridevi, Adv.,for the appellant. Shri C. Rangaraju, SDR, for the respondent.
Judgment Text
Per: Jyoti Balasundaram,
The appellants herein filed a Bill of Entry No. 447615 dated 28.02.2002, for the import of spare parts for knitting machines. On the date of import the effective rate of duty was 30% BCD, 16% CVD and 4% SAD. The goods were assessed under merit rate of duty and goods were cleared on payment of duty. On 22.11.2002, a claim for refund was filed by the importer seeking the benefit of EPCG scheme under Notification No. 29/97 dated 01.04.97, on the strength of EPCG license with amendment slip dated 27.09.02, as per which import of spares for the CIF value of GBP 20350. The claim was rejected by the authorities below on the ground that the amendment has prospective effect unless it has been given retrospective effect subsequently by the competent authorities issuing the amendment. Hence this appeal.
2. We have heard both sides.
3. We find that the amendment slip dated 27.09.02 permits the appellants to import spares for CIF value and also amends the export obligation value by increasing the same. There is no endorsement in the amendment slip that it is given effective retrospectively so as to support the case of the appellants that they were entitled to import spares and entitled to refund of duty paid
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on spares already imported and cleared. We, therefore, reject the contention of the importers, uphold the impugned order and reject the appeal.
