Home Case Index All Cases Customs Customs + AT Customs - 2016 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 755 - AT - CustomsDemand of duty alongwith interest and penalty - import of 5.470 MT of alloys steel bars - mis-statement of the facts as DEPB was not actually debited - Whether the appellant is entitled for refund of duty paid or not? - Held that: - the amounts recovered from the appellant and CHA or their representatives against the bills of entry in question, shall be given due credit to the respective parties against the demand for basic excise duty from the date of recovery of the said amounts - No part of amount of duty so paid by them was attributable to the amount of fine and penalty against them in the instant case. As it is the fact on record that the duty confirmed against the appellant has already been recovered, in that circumstance and in view of the Hon'ble High Court's order, the amount is to be refunded to the appellant. Therefore, the demand of ₹ 1,27,350/- is set aside and the same is required to be refunded to the appellant. Whether the penalty can be imposed on the appellant or not? - Held that: - As the appellant was not vigilant at the time buying of DEPB scrips, and DEPB found to be fake or forged. In that circumstance, the penalty is imposable on the appellant. As the appellant has paid duty alongwith interest and the same was appropriated in the impugned order. In that circumstance, the penalty is restricted to 25% of the duty involved. Appeal disposed off.
|