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        Case ID :
        Customs

        The CESTAT allowed the appeal, holding that duty recovery and...

        Duty recovery and penalties invalid where second proviso omitted; section 28AA, sections 112 and 114AA not applicable

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The CESTAT allowed the appeal, holding that duty recovery and penalties were unauthorised because the second proviso to the Notification had been omitted during the relevant period, thereby removing the statutory condition requiring the intermediary to execute a bond obliging export of equivalent gold within 120 days. Consequently, the revenue could not validly enforce the bond or invoke section 28AA to recover customs duty with interest; any demand premised on non-fulfilment of the deleted proviso lacked legal authority. Statements obtained under section 108 were held irrelevant for liability, the 2009 circular inapplicable, and penalties under sections 112 and 114AA (and recovery against partners/managers) unsustainable.
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