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2024 (3) TMI 701

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..... laced on the decision of the Hon ble Supreme Court in Munjal Showa Ltd v. Commissioner of Customs Central Excise [ 2022 (9) TMI 1076 - SUPREME COURT] . We find that the show cause notice was issued consequent to cancellation of the scrips by the licensing authority which, itself, was prompted by reporting of the issue by the investigating agency. We find that the Hon ble High Court of Telangana had since set aside the cancellation of the scrips for restoration of status quo ante. This had sufficient impact on the outcome in the impugned order as to place it in jeopardy. Thus, it will only be appropriate to have the matter decided afresh, to enable which we set aside the impugned order and restore the dispute before the adjudicating authorit .....

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..... roup companies, M/s Bronze Logistics Private Limited and M/s Surya Kiran International Limited, were eligible for such privileges. These scrips, numbering 20 for Rs. 9,02,45,841/-, and had been issued on 7th October 2005 and a single scrip for Rs. 1,62,04,039/- on 21st March 2006 against which the exemption from duties of customs of Rs. 10,59,37,210/- on import of 194 consignments between 2nd May 2006 and 16th June 2008, having been availed, was sought to be disallowed in the show cause notice leading to the impugned order. The notice itself, which came to be issued on 26th March 2011, alleged various shortfalls insofar as the two export entities were concerned was pending for adjudication when, in the meanwhile, by notice dated 25th Februa .....

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..... lation of the scrips by the licensing authority which, itself, was prompted by reporting of the issue by the investigating agency. We find that the Hon ble High Court of Telangana had since set aside the cancellation of the scrips for restoration of status quo ante. This had sufficient impact on the outcome in the impugned order as to place it in jeopardy. In these circumstances, it will only be appropriate to have the matter decided afresh on facts and circumstances, as available, to enable which we set aside the impugned order and restore the dispute before the adjudicating authority for disposal of the show cause notice, preferably, within four months of receipt of this order. ( Order pronounced in the open court on 14/03/2024 ) - - T .....

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