2009 (4) TMI 522

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....[Judgment per : Prabha Sridevan, J.]. - The following questions of law was raised in the above appeal but not framed at the time of admission and accordingly, the following questions of law are framed for consideration :- "(a)  Whether the Appellate Tribunal was right in holding that the goods are not liable for confiscation under Section 111(o) of the Customs Act, 1962, since, the duty....

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....ding that the conditions stipulated in the Notifications are not relevant, once the export obligation is discharged. (d)    Is the Tribunal has jurisdiction to pass an order in contradiction to the statements made by the respondents, documentary evidences and admissions and low of estoppel". 3. The importer brought in sodium metal free of duty against DEEC advance licence....

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....and an order of redemption of payment of fine was passed and penalty was also imposed. The Tribunal set aside the same. Against that order, the present appeal has been filed. 5. The learned counsel for the appellant submitted that sodium metal is a very valuable item. It would not have been possible for the importer to bring it into the country duty free but for the exemption notification.....

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....rted duty free and the value/quantity to be utilised as inputs in the manufacture of the sensitive items. Therefore, we are not inclined to interfere. 7. The goods were imported on prior export basis declaring that they were used in the manufacture and export of SMX under the DEEC Scheme. The export obligation had been met with. This is a matter of evidence. The licence had subsequently be....