ORDER
C.N.B. Nair, Member (T)
1. The dispute is about the machinery imported under EPCG licence. The licence was issued in 1998 and the appellants were obliged to make exports according to a schedule till 2004. The impugned order dated 31-12-2003 was passed confiscating the imported machinery demanding duty etc, on the ground that the appellants have not satisfied the schedule of export. It is being pointed out that appellants had represented to the DGFT authorities seeking reschedule of the export obligation, and under letter dated 23-3-2004, that request was allowed and the time for export now expires only on 19-11-2006.
2. The contention of the learned Counsel for the appellant is that the proceedings initiated by the customs authorities were premature and that no proceeding should have been initiated until the EPCG authorities had disposed of the appellants’ request for reschedule of the export obligation.
3. We have perused the records and heard the learned DR also.
4. We are of the opinion that the appeals themselves are required to be disposed of. Accordingly, after dispensing with the requirement of pre-deposit, we take up the appeals for consideration.
5. It is clear from the facts stated above that the impugned order is premature. The appellants’ export obligation is to be fulfilled only by 2006 in the light of revised schedule approved by the Director General of Foreign Trade. The letter dated 23-3-2004 of DGFT states the following about the schedule of export obligation :-
“Please refer to your letter dated 5-3-2004 on the subject mentioned above. In this connection, I am to say that your above mentioned request was considered by the EPCG Committee in its meeting held on 18-3-2004 and the Committee decided to extend the Export Obligation period by two years i.e. up to 19-11-2006 by condoning the requirement of block-wise fulfilment of EO in respect of Licence No. 09500024 dated 20-11-1998.”
6. In the result, the impugned order is set aside and the appeals are allowed with consequential relief to the appellants.