I am directed to say that clarification has been sought regarding the time limit for exercising the option in writing for availing of the exemption under notification no. 49/2003-CE dated 10.06.2003 and notification no. 50/2003-CE dated 10.06.2003 as amended vide Notification No. 76/2003-CE dated 5.11.2003.
The principal notification No.21/2002-Customs dated the dated the 1st March, 2002, was published in the Gazette of India, Extraordinary, vide G.S.R.118 (E), dated the 1st March, 2002,and was last amended by notification No.18/2004-Customs, dated the 12th January, 2004 [G.S.R. 20 (E), dated the 12th January, 2004].
Recently the Central Board of Excise and Customs issued a circular, Circular No. 4/2004 dt. 16-01-2004 [2004 (163) ELT T29], saying that conversion of Shipping Bills from free Shipping Bill to drawback Shipping Bill or from one export incentive scheme to other should not be encouraged. The said circular imposes conditions which have made it almost impossible to attain such conversion. In this context, the present paper seeks to examine the relevant legal provision for such conversion under the Customs Act, 1962, and propriety and legality of such circular.
