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2013 (11) TMI 948 - AT - CustomsRegularisation of licence - Confiscation of goods - Import of rough marble blocks on 11-10-2001 - The licensing authority had suspended the advance licence on 17-10-2001 - Held that:- The purpose of regularisation of licence is to rectify/cure the defects, if any, in respect of the transaction and by its very nature, regularisation action is retrospective. What can be regularised is only a wrong action done earlier. Inasmuch as in the present case the advance licence dated 11-10-2001 has been regularised by the licensing authority vide letter dated 17-3-2006, it would imply that the licence has been revived and the appellant are permitted to import rough marble blocks subject to payment of penalty as provided for under the Foreign Trade (Development & Regulation) Act. In the instant case, the appellant has paid the penalties of Rs. 46 lakhs imposed on them by the DGFT authorities. Order of the Adjudicating authority is totally based on the decision of this Tribunal in the case of Bhilwara Spinners Ltd., cited supra. However, since the said decision has been set aside the by the Hon’ble High Court of Bombay in [2011 (3) TMI 112 - BOMBAY HIGH COURT] the impugned order cannot be sustained in law - Therefore, Adjudicating authority is directed to reconsider the matter afresh in the light of the decision of the Hon’ble Bombay High Court.
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