Commissioner Of Customs, Kolkatta vs M/S. Grand Prime Limited And Ors

The Supreme Court upheld the Tribunal's decision allowing the re-export of consignments of tussah silk and silk fabric, valued at Rs. 45,85,291, which were imported under a fraudulent advance licence. The Court found that the penalties imposed by the Commissioner of Customs were unjustified as the importer did not respond to the show cause notice issued under Section 124 of the Customs Act, 1962. The Court confirmed that the Tribunal acted within its jurisdiction in setting aside the penalties and allowing re-export, thereby affirming the Tribunal's order.