2010 (6) TMI 759

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....challenged order dated 28.05.2008 made by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal) proposing the following three questions: (a) Whether the benefit of Notification No.34/97-Cus dated 07.04.1997 in respect of the goods imported by M/s.Binani Cement Ltd., under Bills of Entry No.04647 and 04648 dated 12.01.2001 may be denied? (b) Whether in view of the above mentio....

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....648 dated 12.01.2001, through Customs House, Kandla. The respondent had purchased these two licences from the local market and the licences were originally obtained by M/s. Sri Vishnu Merchants. The said licences were transferred to Kandla by issue of Transfer Release Advise issued by Superintendent of Customs, ICD, Hyderabad, which facilitated utilization of the licenses by the importer. Vide ord....

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....ondent carried the matter in appeal before the Tribunal and succeeded. (3) Ms.Yajnik, learned Senior Standing Counsel for the appellant-revenue assailed the impugned order contending that in the light of the fact that the licences had been cancelled ab initio, all transactions entered into on the basis of the said licences would be rendered void and as such the respondent would not be entitled ....

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....only issue which did not arise in the said decision was as to what would be the effect of an ab initio cancellation of DEPC licences by DGFT, which stood covered in favour of the respondent by the decision of the Supreme Court in the case of Collector of Customs, Bombay v. Sneha Sales Corporation, (2000) 121 ELT 577 (SC). Thus, the Tribunal has merely followed the decisions of the jurisdictional H....