P.G.CHACKO, JEET RAM KAIT
Bharath Steel Corpn. – Appellant
Versus
Commissioner of Customs, Chennai – Respondent
Per P.G. Chacko : The appellants had imported Stainless Steel Coils (SS Coils, for short) under Advance Licences issued by the DGFT under the DEEC scheme and had cleared the goods duty-free under Customs Notifications No. 30/97 dated 1.4.97 and No. 48/99 dated 29.4.99. The said licences had been obtained by the appellants as manufacturer-exporter on actual user condition. The duty-free clearances of the goods were effected on the strength of Duty Exemption Entitlement Certificates (DEECs) of the DGFT, wherein the appellants's factory address was shown as M/s. Bharath Steel Corporation No. 213/4, Sydenhams Road, Appa Rao Garden, Chennai-600 112. As per actual user and other conditions, the appellants were liable to utilize the imported raw material for the manufacture of Stainless Steel Utensils (SS Utensils, for short) and to export the entire production of utensils. On apprehension of misuse of the advance licences by the appellants, the department through DRI made investigations into the above imports and reached a finding that the appellants did not have any factory at the aforesaid address and hence violated the condition of having to manufacture utensils out of imported r
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