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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.
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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