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M/s Shirpur Gold Refinery Ltd. Versus Commissioner of Customs (II) , Airport Special Cargo, Mumbai

2016 (1) TMI 626 - CESTAT MUMBAI

Levy of redemption fine and penalty - Import of gold for industrial use - concessional rate of 8% of duty - Notification No. 12/2002-Cus - supplier had informed them vide letter dated 21.07.2014 that he has wrongly shipped a Gold Dore Bar of 3.347 Kg under invoice No. 20/2014 dated 8.7.2014 against requirement of 5 kg as per condition of the notification. - Held that:- It is an admitted position that there was a genuine mistake of inadvertent nature. It is a fact that the goods have been importe .....

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u , Member (T) For the Appellant : Shri R.V. Shetty, Advocate For the Respondent : Shri Chatru Singh, Assistant Commissioner (AR) ORDER Per Raju The appellants are importers of gold for industrial use. They were importing gold under Notification No. 12/2002-Cus dated 17.3.2012. The said notification allows import of gold at a concessional rate of 8% subjection to conditions 5 and 34. The condition 5 and 34 of the Notification read as under:- "Condition No. 5 :- If the importer follows the p .....

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ms, as the case may be, an assay certificate issued by the mining company or the laboratory attached to it, giving detailed precious metal content in the dore bar; (d) the gold dore bars are imported by the actual user for the purpose of refining and manufacture of standard gold bars of purity 99.5% and above; and (e) the silver dore bars are imported by the actual user for the purpose of refining and manufacture of silver bars of purity 99.9% and above. The appellants vide their letter dated 23 .....

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-export the said bar. The appellant had filed Bill of Entry No. 19 dated 14.7.2014 to clear import of parcel of two gold bars in two distinctly separate packages having gross weight of 3.347 kg and 13.824 kg. The appellant also requested to waive the show-cause notice. The Commissioner adjudicated the matter and observed that the appellant had violated the conditions of license issued by the DGFT for import of gold bar and also the condition of Customs Notification No. 12/2012 dated 17.3.2012. T .....

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