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april 2008

Supreme Court of India · 2008-04-29

Commissioner Of Customs ... vs M/S. Hico Enterprises

Citation / case number
AIRONLINE 2008 SC 419
Court
Supreme Court of India
Petitioner
Commissioner Of Customs ...
Respondent
M/S. Hico Enterprises
Author
Arijit Pasayat
Bench
Mukundakam Sharma, P.Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) regarding the liability of the transferee of Value Based Advance Licenses (VABAL) under the Customs Act, 1962. The Court clarified that the transferee cannot be compelled to prove fulfillment of export obligations by the original license holder as per Notification No. 203/92-Cus. The appeal was dismissed, affirming that the original licensee bears the responsibility for compliance, not the transferee.

Commissioner Of Customs ... vs M/S. Hico Enterprises · Niyam