2015 (12) TMI 1482 - AT - Customs

Benefit of Notification No.45/2002-Cus, dt.22.04.2002 under DEPB scheme - Fraudulent DEPB Licence - over invoicing - Held that - Tribunal allowed the appeal of M/s Kanak Metal Industries in the said proceeding as reported in 2011 (8) TMI 924 - CESTAT, DELHI . Revenue filed the appeal against the order of Tribunal, which was dismissed as reported in 2012 (7) TMI 927 - SUPREME COURT (Commissioner Vs Kanak Metal Industries). - we do not find any reason to interfere the order of Commissioner (Appeals) - Decided against Revenue.

Summary

The Revenue's appeal against the Commissioner (Appeals) order was rejected by the Appellate Tribunal CESTAT AHMEDABAD. The Respondents imported Styrene Monomer under DEPB scheme but the exporter obtained DEPB license fraudulently. The Tribunal upheld M/s Kanak Metal Industries' appeal, leading to the rejection of Revenue's appeal.