Supreme Court · 2015 INSC 1008 · Decided 31 July 2015

Commissioner of Customs, Hyderabad v. M/S. Pennar Industries LTD. &ANR.

Court
Supreme Court of India
Citation
2015 INSC 1008 · [2015] 8 S.C.R. 728
Case number
CIVIL APPEAL No. 4444/2005
Decided
31 July 2015
Bench
A.K. SIKRI, N.V. RAMANA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Customs Act Section 25

Headnote

Customs Act, 1962 - s. 25 - Exemption under C Notification No. 3011997 - Claim of- Import of goods against advance licence - However, non-fulfillment of export obligation under the licence - No exports effected by exporting tho~e goods so manufactured from the raw material that was imported of duty by Revenue - 0 Assessee's case that it had arranged for third party export, thus fulfilled its obligation and was entitled to duty free imports - Said demand confirmed - However, tribunal set aside the same holding that the Director General of Foreign Trade had amended the licence

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