9911796707
TMI Blog2004 (3) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... ion based on the precedent set by a previous case, directing the Customs Authorities to refund the duty paid under protest and prohibiting them from taking further action against the petitioner. The Court made the rule absolute with no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X ..... 995, he filed bill of Entry for clearance of the goods under section 46 of the Customs Act, 1962 ("Act" for short) bearing No. 1736 and produced import licence along with Bill of Entry for duty free clearance of the said Polyester Yarn. 4. Respondent No. 5, the Assistant Collector of Customs, J.N.P.T. issued query memo to the petitioner on 23rd August, 1995, which was replied by the petitioner on 6th September, 1995. It appears that after arrival of the goods the Licensing Authorities on 20th September, 1995 suspended operation of the licence on the sole ground that some enquiry was conducted by the Customs Authorities against the original licence holder i.e. the transferor and that the grant of licence was found to be fraudulent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Import Export Policy nor could they refuse to allow duty free clearance of the petitioner's goods, admittedly, covered under the definition of import licence. 6. The contentions sought to be advanced by the petitioner are identical with the contentions which were raised in the case of Taparia Overseas v. Union of India, 2003 (161) E.L.T. 47 (Bom.) = 2002 (2) Bom. C.R. 7; wherein this Court had occasion to deal with the similar contentions and to hold that the concept that fraud vitiates everything would not apply of the cases where the transaction of transfer of licence for a value without notice of alleged fraud arising out of mercantile transaction governed by common law. It was also held that import made under the valid licence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition is allowed. 9. Action of the respondents/Revenue refusing to accept licence produced by the petitioner bearing No. P/K/3489550, dated 15th November, 1994 is set aside and the imports made by the petitioner are held to be legal and valid. There shall be an order of prohibition against the Customs Authorities from proceeding against the petitioner. The petitioner shall be entitled to claim refund of duty paid under protest in the sum of Rs. 22,55,001/- with interest thereon at the rate of 6% per annum from the date of payment till refund in full and final. The respondents are directed to refund the said amount to the petitioner within a period of eight weeks after adjudication as to whether or not the petitioner has passed over the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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