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2024 (3) TMI 701 - AT - CustomsDuty liability - interest - penalty - Duty-free imports against the ‘scrips’ issued under the ‘target plus scheme’ of the Foreign Trade Policy - HELD THAT:- According to Ld AR, the ineligibility of the exports, against which the ‘scrips’ had been issued, rendered the exemption granted on the imports to be invalid. Reliance was placed on the decision of the Hon’ble Supreme Court in Munjal Showa Ltd v. Commissioner of Customs & Central Excise [2022 (9) TMI 1076 - SUPREME COURT]. We find that the show cause notice was issued consequent to cancellation of the ‘scrips’ by the licensing authority which, itself, was prompted by reporting of the issue by the investigating agency. We find that the Hon’ble High Court of Telangana had since set aside the cancellation of the ‘scrips’ for restoration of status quo ante. This had sufficient impact on the outcome in the impugned order as to place it in jeopardy. Thus, it will only be appropriate to have the matter decided afresh, to enable which we set aside the impugned order and restore the dispute before the adjudicating authority for disposal of the show cause notice, preferably, within four months of receipt of this order.
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