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2006 (9) TMI 377

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..... a Shankar, SDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. This application has been made, in the order communicated vide Final Order No. CI/3377/WZB/2001, dated 29-10-2001 [2002 (147) E.L.T. 475 (T)] whereby the appeal was dismissed. 2. The applicant submit that the finding of the Tribunal in Para 8 of the Order dated 29-10-2001 are ex facie erroneous on the following r .....

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..... at Sr. Nos.1 to 12 of the above Chart (Annexure-C) clearly indicate that the shipments were made under DEEC file No. 01/80/040/01239/AM93 (Applicants' Advance Licence Application Number). The remaining 3 Shipping Bills clearly mention that the exports were against DEEC Book No. 070707, dt.17-6-1993. (d) Para 66 of the EXIM Policy 1992-1997 allowed the exports to be effected as soon as an app .....

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..... tances, the Applicants' appeal should also have been allowed. 3. On considering the above reasons we find that there is an error in considering the fact on perusal of actual exports having been effected to certain extent and this error on facts on record would call for rectification. We, therefore, recall our order and after considering the grounds taken in this application and the material on t .....

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