TaxTMI 
TaxTMI 
2007 (3) TMI 245
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....the order passed by Commissioner (Appeals) vide which he has set aside the demand on the points of limitation, Revenue has preferred the present appeal. 2. After hearing both the sides duly represented by Shri M.M. Mathkar, learned JDR and Shri Sudhir Gupta, learned advocate, I find that M/s. Beni Exports were issued transferable DECB licences, which was transferred by them to the respondent here....
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.... at finding that as the said licences were cancelled ab initio, the effect would be that there was no entry in the passbook and imports made against such passbook was not entitled for exemption under Notification No. 34/97-Cus. He, however, granted them the benefit on the basis of time-bar by observing that there was no misrepresentation or suppression of fact, as on the date of clearances of the ....
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.... facts. The above circumstances should be present gua the importer i.e. the person against whom the demand is being made and not against the exporter i.e. the person who has procured the DEPB passbook and transferred the same to the importer against consideration. As such, I am of the view that setting aside of demand on the point of limitation by Commissioner (Appeals) is legal and proper. 6. Ap....