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Issues: (i) Whether the requirement of filing a Bill of Entry under the first proviso to section 127B of the Customs Act, 1962 was satisfied so as to make the settlement application maintainable.
Analysis: The Settlement Commission had already accepted the petitioners on the other admissibility conditions and rejected the application only on the footing that the Bill of Entry had not been filed before the show cause notice. In the connected matter decided on the same day, the Court held that this condition stood complied with. Applying the same reasoning, the Court found that the impugned rejection could not be sustained.
Conclusion: The requirement under the first proviso to section 127B was held to be satisfied, and the petitioners succeeded.