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2015 (10) TMI 2192 - SUPREME COURT

2015 (10) TMI 2192 - SUPREME COURT - 2015 (324) E.L.T. 417 (SC) - Recovery of differential duty Import of non-ferrous metal scrap/drones; filed clearance of goods between 1984-1988 Differential duty and penalty demanded by Revenue; partial duty and penalty allowed by Tribunal Appeal filed by Revenue against order of Tribunal Held That:- Revenue has sought to open assessments which had been finalised more than five years ago on grounds of mis-declaration of goods Assessments were finali .....

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T The respondent/assessee herein had imported non-ferrous metal scraps/dross, namely brass dross, brass scrap and copper scrap etc. from various suppliers in USA, Singapore, Zurich, Sharjah etc. under various consignments from time to time. In all 173 Bills of Entry were filed for clearance of the aforesaid goods during the period 1984 to 1988. The goods were cleared on the basis of value declared in these Bills of Entry and on payment of duty by the assessee on that basis. After sometime, the p .....

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es of hearing to the assessee. The assessee preferred appeal against the same before the Tribunal which was partially allowed and only a part of the duty demand and penalty was confirmed. Against that order both the Revenue as well as the assessee filed appeals in this Court which resulted in remanding the matter back to the Commissioner for fresh adjudication. Even in the second round the Commissioner confirmed the demand as contained in the original show cause notices. The Tribunal again parti .....

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