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The CESTAT allowed the appeal, setting aside the impugned order confirming recovery of duty on allegations of overvaluation and obtaining DEPB scripts in excess. The Tribunal held that the Customs authorities lacked jurisdiction under Section 28 of the Customs Act to recover alleged overvaluation related to DEPB credits. It was emphasized that only the DGFT has authority to initiate proceedings for recovery of excess DEPB credit claims. Since DGFT neither accepted the Department's allegations nor initiated action, the recovery demand by Customs was impermissible. Consequently, the appeal was allowed, and the impugned recovery order was quashed.
The CESTAT allowed the appeal, setting aside the impugned order confirming recovery of duty on allegations of overvaluation and obtaining DEPB scripts in excess. The Tribunal held that the Customs authorities lacked jurisdiction under Section 28 of the Customs Act to recover alleged overvaluation related to DEPB credits. It was emphasized that only the DGFT has authority to initiate proceedings for recovery of excess DEPB credit claims. Since DGFT neither accepted the Department's allegations nor initiated action, the recovery demand by Customs was impermissible. Consequently, the appeal was allowed, and the impugned recovery order was quashed.
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