2009 (1) TMI 600

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..... . Singh, JCDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - This application filed by the M/s. Vijaya Diagnostic Centre Cancer Hospital, appellant in appeal No. C/1011/2006, says that there is a mistake apparent from the record in final order Nos. A/303-336/08/CSTB/C-II, dated 30-4-2008 [2008 (231) E.L.T. 113 (Tribunal)] passed by this Bench in so far as the appellant is .....

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..... to hold that the goods ab initio were imported without the certificate from DGHS and consequently the same would result in denial of the benefit of Notification 64/88-Cus. to the importer. This issue also took into account those cases where breach of principles of natural justice was also pleaded by the importers. After considering all aspects of the issue, we held that even subsequent cancellati .....

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..... only relevant to the Hon ble High Court s decision. Further, while discussing the relevant issue, we have recorded a specific finding that it was not open to the customs authorities to look into the question as to whether DGHS had committed breach of principles of natural justice in relation to the cancellation of CDEC. 4. In the result, we have not found any error of the kind pointed out by the .....

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