Karnataka High Court
M/S Welcast Steels Limited vs Union Of India on 26 August, 2011
Author: N.Kumar
Bench: N.Kumar
at Annexure~V, the order passed by the appellatefiauthority dated 03.01.2008 and for a direction to Import Export Code of the petitioner and the cancellation of their Advance Lice.ncc--.andT_to' oft.' the period of Export obligation I and for other consequential Iredliepfs.
2. The petitioner';I-isdmgi pufiblic«"'Li1r.it§ed Company incorporated under tttheplndian Companies Act, 1956 and alia V'n;\:anufacture of export of foundry Grinding Media Balls, 'HCGMB'. In terms of the the period 2004-09, the said HCGMB falls under Product Group and is listed at Se'rial.No.éS7»I, _ofVtheV'Standard Input Output Norms, hereinafter ._feferi~2§d 'SION'.
' A The petitioners are a One Start Export House and n a member of the Engineering Export Promotion Council in v Bangalore. The export turnover of the petitioners during the \ petitioner had submitted xerox copies of Shipping Bills and Bank Realization Certificates, the copies of Bills pertained to DEPB and the petitioner cit/ailed benefits in respect of the said Shipping__I3_ill.s; ::.lres_ultingrVliri.__ alleged failure to submit docum:entsl_flin§V the Handbook of Procedures._ 'I't1e'petitionerpl.SjeIlAit' a reply<to'the said show cause. It is statedt./i:in.the 'petitioner procured inputs that are listedlli.:ii2lllplthe SIlCl)lN"'fr"olni indigenous sources without availing' benefit for the indigenously thellrjfifdvance Licence. Since the inputs products suffered applicable central"excisle,;lit:,3had:l.lclain1ed~th'e same as per the rates fixed the "t It was clarified that the Advance Licence'v--wasVVolnly.l'in of Furnace Oil which was used in "inanufac.t_ure of export products and that it was not . the inputs required for manufacture of the export V were prescribed under SIOIN were not imported under' lDuty Exemption Scheme and therefore the DEPB AA could not be denied to them as the inputs had suffered it " The petitioner also relied on the Public Notice issued by