TMI Blog2010 (6) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... vice 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 mentioned import made by the Importer on forged licences and subsequently, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad 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 order dated 13.05.2002 the Director General of Foreign Trade, Hydrabad ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (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 to any benefit under the said licences. It was urged that the buyer o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld 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 High Court and the Supreme Court. In the circumstances, it cannot be s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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