https://www.taxtmi.com/caselaws?id=306649 Customs could not deny duty-free import exemption under a validly transferred advance licence merely because the transferor had availed Modvat credit, where the appellant itself had not taken such credit and no fraud in obtaining the licence was alleged. The Tribunal applied the principle that a licence validly endorsed by the competent licensing authority cannot be questioned by Customs unless the exemption notification itself contains a contrary restriction. On that basis, the denial of exemption was unsustainable, and the demand and penalties did not survive. en-us Fri, 13 Mar 2020 00:00:00 +0530 Thu, 16 Feb 2023 20:54:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306649 Customs could not deny duty-free import exemption under a validly transferred advance licence merely because the transferor had availed Modvat credit, where the appellant itself had not taken such credit and no fraud in obtaining the licence was alleged. The Tribunal applied the principle that a licence validly endorsed by the competent licensing authority cannot be questioned by Customs unless the exemption notification itself contains a contrary restriction. On that basis, the denial of exemption was unsustainable, and the demand and penalties did not survive. Case-Laws Customs Fri, 13 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306649