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2003 Supreme(SC) 425

M.B.SHAH, ARUN KUMAR
COMMISSIONER OF CUSTOMS (EP), MUMBAI, MAHARASHTRA – Appellant
Versus
PRAYAG EXPORTERS (P) LTD. – Respondent


ORDER

1. Heard the learned counsel for the parties.

2. This appeal is filed against the judgment and order dated 18-8-2000 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, West Zonal Bench at Mumbai in Appeal No. C/195-V/2000-Bom. whereby the b Tribunal has arrived at the conclusion that it has taken consistent view that Clause (d) of Section 113 of the Customs Act would apply in cases of prohibited goods and would not apply to the facts of the present case.

Admittedly, goods in question are not prohibited for export and no export duty is leviable on the said goods. In this view of the matter, no interference is called for with the impugned judgment and order. Hence, this appeal is dismissed.

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