Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2008 (9) TMI 797

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ri Dey submitted that the ld. Authorities below did not give the copy of the Bill of Entry No. 6171 dated 11-7-2006 to produce before the Tribunal for appreciation of case of the appellant Shri Mahendra Kumar Daga who was the bona fide importer of the impugned goods so also the other Appellant. There is nothing on record to show that any other person was importer of goods under that Bill of Entry. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oth the appellants shall have no grievance. Also if they are dealt in accordance with law they shall be rendered justice. Therefore, he prays that if the matter goes back for consideration of enquiry on the Bill of Entry No. 6177 dated 11-7-2006, the litigation shall be reduced and further grievance may not arise. 2. Ld. Departmental Representative submits that the goods imported were used as me .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (Appeal). If an order fails to suggest the manner how a transaction can be brought to the fold of law and call the same as illegal the order is certainly to be an order suffering from legal infirmity. Secondly when the case appears to have relevance to the Bill of Entry No. 6177 dated 11-7-2006 bringing the appellant Shri Mahendra Kumar Daga into charges, enquiry should have been confined to that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to spread to any other matter that should be first ascertained to be relevant and should be seen to have covered by Show Cause Notice. Decision should be taken without any extraneous material or circumstances, providing fair opportunity of rebuttal to both the appellants. If such a process is followed, the litigation may come to an end. 5. For the decision to remit back the matter as aforesaid, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates