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2007 Supreme(P&H) 793

M.M.KUMAR, RAJESH BINDAL
Commissioner Of Customs, Amritsar – Appellant
Versus
Vallabh Design Products – Respondent


Judgment

M.M.Kumar, J.

1. The revenue has filed the instant appeal under Section 130 of the Customs Act, 1962 (for brevity, #24;the Customs Act#25;), by challenging the order dated 9-6-2006 passed by the Customs, Excise and Service tax Appellate Tribunal, New Delhi (for brevity, #24;The Tribunal#25;). The revenue has assailed the order passed by the Tribunal on the principal ground that once the Joint Director General of Foreign Trade had cancelled the Duty Exemption Pass Book, which is commonly known as DEPB Scheme, issued to M/s. Parker Industries, 184, Dilbagh Nagar, Jalandhar, which order was upheld in appeal by the Additional Director General of Foreign Trade, then the assessee respondent, who had purchased the DEPB from M/s. Parker Industries, was not entitled to avail any benefit.

2. The Government of India in order to boost export had announced various concessions including exemption from payment of Central Excise Duty, Customs Duty and formulation of various schemes under the Import and Export Policy, known as EXIM Policy, which are formulated under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (for brevity, #24;the Act#25;). DEPB is one of those sch













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