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The CESTAT set aside the impugned order and allowed the appeal, holding that the penalty and confiscation orders exceeded the scope of the SCN, which invoked Section 28 of the Customs Act without specifically invoking Section 28(4) required for extended period demands. The failure to invoke Section 28(4) rendered the penalty under Section 114A unsustainable. No evidence supported applicability of Sections 132 or 135 regarding improper export, and the penalty under Section 114A was imposed without proper notice. Confiscation under Section 113 was also invalid as no specific clause was cited, and the goods had already been exported and were unavailable for confiscation. Consequently, the Tribunal concluded that the Revenue's actions were legally untenable and quashed the penalty and confiscation orders.
The CESTAT set aside the impugned order and allowed the appeal, holding that the penalty and confiscation orders exceeded the scope of the SCN, which invoked Section 28 of the Customs Act without specifically invoking Section 28(4) required for extended period demands. The failure to invoke Section 28(4) rendered the penalty under Section 114A unsustainable. No evidence supported applicability of Sections 132 or 135 regarding improper export, and the penalty under Section 114A was imposed without proper notice. Confiscation under Section 113 was also invalid as no specific clause was cited, and the goods had already been exported and were unavailable for confiscation. Consequently, the Tribunal concluded that the Revenue's actions were legally untenable and quashed the penalty and confiscation orders.
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