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JYOTI BALASUNDARAM, S.S.SEKHON
Marmo Classic – Appellant
Versus
Commissioner of Customs (EP), Mumbai – Respondent


Advocates Appeared:
S.N. Kantawala

ORDER

Per S.S. Sekhon :

The appellants are a registered SSI unit, engaged in the processing of marble blocks into slabs. They sought clearances of consignments of rough marble blocks and filed bills of entry's. The declared value of the same was accepted. The clearance was sought at nil rate of duty against DEEC advance licence dated 19/07/1995 issued in the name of M/s. Fortune Exports, Ahmedabad and transferred in favour of the appellants by the DGFT, competent authority. Pursuant to public notice dated 31/03/2001 this licence was also re-validated, as per the letter dated 20/04/2001 by M/s. Fortune Exports made to the DGFT authorities. They made the request for endorsement of the transferability to the appellants. The licence was made valid for a period of 6 months from the date of endorsement dated 26/06/2001. Release advises were issued by the Jawahar Customs House to Mumbai Custom House. Enquiries were made by the Custom House at Mumbai Port with the DGFT authorities concerned who informed the customs that the re-validation and transferability was in accordance with the Public Notice dated 31/03/2001. The licence was not suspended and/or concealed till date and was valid for co

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