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Customs - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

CESTAT Bangalore held that show-cause notices invoking extended ...


Demand of customs duty for destroyed capital goods. No suppression of facts found. Extended period of limitation cannot be invoked.

Case Laws     Customs

May 29, 2024

CESTAT Bangalore held that show-cause notices invoking extended period u/s 28(1)/(4) of Customs Act were not valid as appellant had informed authorities about capital goods destruction and obtained necessary permissions for de-bonding. Commissioner (A) dropped penalty u/s 114A due to continuous correspondence with no suppression of facts. Order-in-Appeal upheld demand u/s 72(1) based on B17 bond, not sustainable beyond show-cause notice. Decision referenced CCE vs. Gas Authority of India Ltd. to set aside impugned orders and allow appeals.

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