2003 (7) TMI 463

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..... oti Balasundaram, Member (J)]. - The brief facts of the case are that M/s. S.K. International had imported Pentaerythritol against 2 freely transferable REP licences originally issued to M/s. Bhagwandas Bharumal Co. in 1984. Clearance against these licences was not allowed by the department as the two licences have been suspended by Jt. C.C.I E by an order dated 5-10-1984 prior to the date .....

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..... M/s. K. Uttamlal Exports [1990 (46) E.L.T. 527 (S.C.)] and that of the Apex Court in M/s. East India Commercial Co. Ltd. v. CC, Calcutta [1983 (13) E.L.T. 1342 (S.C.)] to hold that subsequent invalidation by cancellation of the licence does not affect the validity of the import. However, as rightly pointed out by the ld. SDR, those decisions are distinguishable inasmuch as in the present case, the .....

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