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2015 (11) TMI 694 - SUPREME COURT

2015 (11) TMI 694 - SUPREME COURT - 2015 (325) E.L.T. 463 (SC) - Clandestine clearance of gold - Shortage of gold found - Non maintenance of waste account register - Held that:- Revenue could not make out any case 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 [2003 (6) TMI 80 - CESTAT, MUMBAI]. The same view h .....

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Ms. Nupur Maheshwari, Adv., Mr. S. Vasudevan, Adv., Mr. Hemant Bajaj, Adv., Mr. Anandh K., Adv. And Mr. Aditya Bhattacharya, Adv. ORDER The respondent/assessee is a unit in Santacruz electronic Export Processing Zone (SEEPZ) and is engaged in the manufacturing of plain/studded/unstudded gold jewellery for export from the directly imported gold or from the gold procured form MMTC in terms of Notification No. 196/87-Cus. dated 05.05.1987 which was further amended by Notification No. 177/94-Cus. da .....

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the importer shall maintain a proper account of import, consumption and utilization of the goods and of exports made by him. Public Notice dated 28.07.1988 issued by the Commissioner in terms of the above notification required in the units in SEEPZ to maintain registers. On 11.11.1995, acting on information that the Gem and Jewellery Unit I SEEPZ have been misusing the facility by showing excess manufacturing wastage or loss than permissible under the above mentioned Notification, causing short .....

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