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Commissioner of Customs, New Delhi Versus M/s Texcomash Export

2015 (8) TMI 1047 - SUPREME COURT

Issuance of show cause notice Re-opening of assessment order Appellant issued show cause notice in which certain frauds were alleged against respondent and on that basis previous order of assessment was reopened Tribunal vide impugned order allowed appeal against said reopening of assessment order on ground that Commissioner could not have issued show cause notice as prior order of Commissioner had merged into order passed by revisionary authority and principles of res judicata applied. < .....

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al Decided against Revenue. - Civil Appeal No. 499 of 2006 - Dated:- 31-7-2015 - Mr. A.k. Sikri and Mr. Rohinton Fali Nariman, JJ. For the Petitioner : Mr. K. Radhakrishnan, Sr. Adv., Mr. Rupesh Kumar, Adv., Mr. T. M. Singh, Adv., Mr. Karan Seth, Adv., Mr. B. Krishna Prasad, Adv. For the Respondent : Mr. S. K. Bagaria, Sr. Adv., Mr. C. Mukund, Adv., Mr. K. Ajit Singh, Adv., Mr. Ashok Jain, Adv., Mr. Pankaj Jain, Adv., Mr. Bijoy Kumar Jain, Adv. ORDER The respondent herein had exported children .....

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evision applications. The said revision applications were decided by the Joint Secretary, Government of India, on 16.08.1995. He set aside the order of the Collector (Appeals) and remanded the case back to the Assistant Collector for de novo consideration, after making fresh enquiries from the reputed exporters in association with the representative of the respondent for the purpose of fixing the value of the goods. Even in the second round, the value was fixed at ₹ 210 per set and appeal .....

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ent to file its reply, which was filed before him, the Commissioner of Customs confirmed the demand made in the show cause notice by passing detailed order dated 28.11.2003. This order has been set aside by the Customs, Excise & Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT') by the impugned judgment dated 15.03.2005. This is how the Department is in appeal in the present proceedings challenging the order of the CESTAT. On perusal of the order of the CESTAT, it g .....

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