TMI Blog2015 (11) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... as not applicable. Even on merits, the Tribunal followed its earlier decision in M.M.K.Jewellers vs. Commissioner of Customs, Mumbai [2003 (6) TMI 80 - CESTAT, MUMBAI]. The same view has been upheld by this Court in Commissioner of Customs, Mumbai vs. M.M.K.Jewellers[2008 (3) TMI 5 - SUPREME COURT]. - Decided against Revenue. - Civil Appeal No(s). 1514/2007 - - - Dated:- 30-9-2015 - Mr. A.K. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 177/94-Cus. dated 21.10.1994. The said Notification inter alia graded percentage of gold wastage or loss depending on the value addition achieved, on the jeweller of the description specified therein, and provided that scrap, dust or sweepings may be forwarded to Government Mint by the importer for conversion into standard gold bars and return to the said Zone in accordance with the procedure spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period of inception of the unit and took the physical stock of gold followed by detailed investigation which resulted in the detection of the shortage of 25139 gms of gold, valued at ₹ 1,12,62,272/-. The unit was found to have not been maintaining the waste account registers as prescribed vide public notice dated 28.07.1988. During the investigation, the unit claimed that excess manufacturi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of collusion, willful and mis-statement or suppression and, therefore, extended period of limitation was not applicable. Even on merits, the Tribunal followed its earlier decision in M.M.K.Jewellers vs. Commissioner of Customs, Mumbai [(156)ELT 722 (Tri-Mumbai). The same view has been upheld by this Court in Commissioner of Customs, Mumbai vs. M.M.K.Jewellers[2008(5) SCC 617]. Since the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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