COMMISSIONER OF CUSTOMS Vs. BINANI CEMENT LTD

JUDGEMENT

(1.) COMMISSIONER of Customs, Kandla, Gandhidham has preferred this appeal by proposing following two questions stated to be questions of law.

(2.) THE appellant is aggrieved by the order dated 23. 3. 2007 made by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal ). The relevant facts as stated by the appellant in the memorandum of present appeal read as under:

(3.) ACCORDING to the learned counsel for the appellant once the license was cancelled, it operated from the date of issue of license and therefore, any imports on the basis of such license were liable to duty. The respondent assessee had not paid such duty and was thus liable but the Tribunal had wrongly come to the conclusion that the respondent was not liable by holding that revenue was not entitled to invoke the extended period of limitation available under section 28 of the Customs Act, 1962 (the Act ). That fraud vitiates every act and even if there may be no deliberate act on part of the respondent assessee in commission of fraud yet respondent assessee cannot escape liability to pay duty once the import was found to be on an invalid license.