HARDIK INDUSTRIAL CORPORATION Vs. CC

JUDGEMENT

(1.) The appellants around the end on 1993 and early 1994, obtained an endorsement from the licencing authorities as transferee, the following licences:

(2.) After hearing the appellants the impugned order was oassed by which the Commissioner concluded: As discussed curlier, the transferee could not clear the goods duty free in the absence of compliance with condition (v) of the notification. Likewise the licence holder who enabled the transferee to clear the goods duty free cannot escape the responsibility on the ground that he was not the imported while for all practical purposes transfer of the licence and disposal of the exempt material, both in the terms of para 67 of the Import Policy and also under Notification No. 203/92, stand on the same footing. I, therefore, have no hesitation in concluding that in these cases the licence holders as well as the transferee are jointly and severally liable to pay the duty short levied, which have been levied but for exemption under Notification. No. 203/92 and I accordingly, direct that both of them are jointly and severally pay this duty along with interest at appropriate rates. In the circumstances, I hold that the licence holder as well as the transferee of licence Nos. 310749, 314585,314579,2049204 and 2051762 are liable to pay the duty demanded under the show cause notice jointly and severally. 1. therefore, pass the following. and ordered the amount of duty as confirmed along with interest and directed the same would be paid jointly and severally by as follows:

(3.) After hearing both sides and considering the material on record it is found that: