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of <h1>Tribunal rules in favor of importer, emphasizes need for substantial evidence.</h1> <h3>Commissioner of Customs (Export Promotions), Mumbai Versus M/s. Diamond Polyprints</h3> Commissioner of Customs (Export Promotions), Mumbai Versus M/s. Diamond Polyprints - 2016 (332) E.L.T. 883 (Tri. - Mumbai) Issues:1. Interpretation of Notification No. 203/92-Cus regarding exemption on imported goods under DEEC licenses.2. Allegation of non-compliance with conditions of exemption by the importer.3. Validity of show cause notice and evidence presented to support the allegations.4. Legal position on the importer's liability for non-compliance with conditions originally imposed on the exporter.Analysis:1. The appeal revolved around the interpretation of Notification No. 203/92-Cus concerning the exemption granted on imported goods under DEEC licenses. The respondent, engaged in manufacturing excisable goods, imported inputs under duty-free licenses transferred to them by the DGFT authorities.2. The Revenue contended that the importer did not comply with the conditions of the exemption, specifically regarding the non-availment of input stage modvat credit by the original license holder. The Revenue argued that the exemption was not admissible unless this condition was met, leading to the initiation of proceedings against the importer.3. The validity of the show cause notice and the evidence presented to support the allegations were questioned by the respondent. It was highlighted that the show cause notice lacked tangible documentary evidence to prove the alleged non-compliance with conditions. The absence of supporting documents rendered the proceedings initiated by the Revenue baseless and unsubstantiated.4. The Tribunal, after considering the arguments presented, emphasized that the importer's liability for non-compliance with conditions originally imposed on the exporter was not established due to the lack of concrete evidence. Referring to legal precedents, including the judgment in Collector of Customs v. Hico Products Ltd., the Tribunal concluded that the importer's legitimate import under transferred licenses cannot be disputed solely based on the exporter's obligations. As a result, the appeal of the Revenue was dismissed, and the cross objection was disposed of accordingly. The Tribunal highlighted the importance of providing substantial evidence to support allegations in such cases to ensure a fair and justified legal process.
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