Commissioner Of Central Excise vs M/S.Kanishk Steel Industries Ltd on 14 July, 2006
2. After hearing both the sides and on perusal of the records, we find that the Respondents imported Styrene Monomer under Bill of Entry No.13334, dt.08.10.2013 and 14426, dt.04.11.2003, availing the benefit of Notification No.45/2002-Cus, dt.22.04.2002 under DEPB scheme. On subsequent investigation, it was found that the exporter M/s Kanak Metal Industries obtained DEPB licence fraudulently by over-invoicing the value of the export goods. The learned Advocate on behalf of the Respondents submitted that a proceeding was initiated against M/s Kanak Metal Industries. The Tribunal allowed the appeal of M/s Kanak Metal Industries in the said proceeding as reported in 2012 (275) ELT 115 (Tri-Del). Revenue filed the appeal against the order of Tribunal, which was dismissed as reported in 2013 (293) ELT A 25 (SC) (Commissioner Vs Kanak Metal Industries).