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        Customs

        CESTAT allowed the appeal and quashed the departmental...

        Appeal allowed; proceedings quashed where exporter paid differential duty with interest before Show Cause Notice under s.28(2)

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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.

        CESTAT allowed the appeal and quashed the departmental proceedings. The appellant, an exporter of iron-ore fines, had higher realized FOB values on final invoices than declared in shipping bills; upon detection by DRI the appellant paid the differential duty with interest before issuance of the Show Cause Notice. The Tribunal held that issuance of the SCN after payment was unnecessary under s.28(2) of the Customs Act and, on that basis, set aside the impugned SCN and consequential proceedings. Accordingly the redemption fine and penalties imposed on the appellant were rescinded and the appeal was allowed.

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