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TMI Blog2010 (7) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... resultant product - Whether the Tribunal is justified in granting the benefit of N/N. 40/2006-Cus., when the Respondent failed to satisfy the conditions of the Notification as well as para 4.55.3 of the Foreign Trade Policy? - Held that: - specifications provided in the DFIA authorisation have to be considered as sufficient for the customs purposes since the specifications are based on goods expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue has raised following questions and has taken exception to the findings of the Tribunal : (a) Whether in the facts and circumstances of the case and the law the Tribunal is justified in granting the benefit of Notification No. 40/2006-Cus., when the Respondent failed to satisfy the conditions of the Notification as well as para 4.55.3 of the Foreign Trade Policy. (b) Whether the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tics, quality and specification is required to be established in respect of bearings sought to be imported that the bearings were actually used in the resultant product. 5. The Tribunal did not agree with the submissions made by the Revenue which were pressed into service by Revenue before the Tribunal and rejected them making following observations : Having allowed export of motors with in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before allowing transferability. 6. The above findings recorded by the Tribunal is based on the documentary evidence. Even during the course of hearing, the learned counsel appearing for the Revenue was unable to point out from any of the documents available on record that the import was not in accordance with the licence conditions or the specifications provided therein. The view taken by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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