Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
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FTWZ operations were not treated as having been undertaken under the customs broker licence because there was no Form C intimation extending the licence to SEZ/FTWZ activity and no evidence that the licence covered business in the SEZ unit. The inquiry report was treated as the ative document in the CBLR proceedings; once it recorded that the alleged violations of Regulation 10(d), (e) and (n) were not proved, revocation of licence, forfeiture of security and penalty could not be sustained. The order dropping the proceedings was upheld and the Revenue appeal was dismissed.
FTWZ operations were not treated as having been undertaken under the customs broker licence because there was no Form C intimation extending the licence to SEZ/FTWZ activity and no evidence that the licence covered business in the SEZ unit. The inquiry report was treated as the ative document in the CBLR proceedings; once it recorded that the alleged violations of Regulation 10(d), (e) and (n) were not proved, revocation of licence, forfeiture of security and penalty could not be sustained. The order dropping the proceedings was upheld and the Revenue appeal was dismissed.
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