COMMISSIONER OF CUSTOMS Vs. SEA BULK OFFSHORE LLC

JUDGEMENT

(1.) The AppellantRevenue has filed the present Appeal under section 130 of the Customs Act, 1962 (the said Act), challenging the order dated 5th August 2008, passed in Appeal No.C/700/07Mum., by the Customs, Excise and Service Tax Appellate Tribunal (the Tribunal), West Zonal Bench at Mumbai.

(2.) The above Appeal was admitted by this Court on 15th April 2009 on the following substantial questions of law :

(3.) The learned Counsel appearing for the Appellant as well as the Respondent has agreed that the question no.(ii) set out hereinabove, need not be answered since the Respondent has complied with the same and therefore, this Court should only answer question nos. (i) and (iii) set out above. Facts :