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of CESTAT allowed the appeal and set aside the impugned adjudication insofar as confirmation of customs duty (charged as IGST under Section 3(7)/(9) CTA), interest, redemption fine and penalties. The Tribunal held the revenue failed to establish wilful suppression and that the demand was barred by limitation; invocation of extended limitation was unsustainable. DGFT redemption letters and closure of bonds preclude independent Customs demands absent DGFT recall and re-adjudication under FTDR Act; such demands are time-barred. In the absence of a machinery provision under Section 3(12) CTA operative at the relevant time, interest, fines and penalties could not be levied; amendment to create such machinery is prospective. Appeal allowed.
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