2006 (9) TMI 377

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Appellant. Shri Uma Shankar, SDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - This application has been made, in the order communicated vide Final Order No. CI/3377/WZB/2001, dated 29-10-2001 [2002 (147) E.L.T. 475 (T)] whereby the appeal was dismissed. 2. The applicant submit that the finding of the Tribunal in Para 8 of the Order dated 29-10-2001 are ex facie ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to show any exports was factually incorrect. (c)     Shipping Bills at Sr. Nos.1 to 12 of the above Chart (Annexure-C) clearly indicate that the shipments were made under DEEC file No. 01/80/040/01239/AM93 (Applicants' Advance Licence Application Number). The remaining 3 Shipping Bills clearly mention that the exports were against DEEC Book No. 070707, dt.17-6-1993. (d)&....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s dropped at the original stage itself by the Commissioner. The Appeal of the CHA was allowed by this Hon'ble Tribunal by a separate order. In the circumstances, the Applicants' appeal should also have been allowed. 3. On considering the above reasons we find that there is an error in considering the fact on perusal of actual exports having been effected to certain extent and this error on....