Imported seaweed extract provisionally released on bond only; declaratory rejection set aside; appellate decision due within section 128-A(4-A) three ...
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CESTAT held that issuance of a Discharge Certificate under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 conclusively settles the entire liability of duty, interest and penalty, including redemption fine linked to confiscation for the same matter and period. Confiscation under Rule 25 of the Central Excise Rules and the corresponding option to redeem on payment of fine were treated as penalties in rem arising from the same investigation and thus covered by the Scheme. Consequently, upon grant of the Discharge Certificate, no further liability, including redemption fine, survived. The Commissioner (Appeals)' order dated 28.03.2024 was set aside and both appeals were allowed.
CESTAT held that issuance of a Discharge Certificate under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 conclusively settles the entire liability of duty, interest and penalty, including redemption fine linked to confiscation for the same matter and period. Confiscation under Rule 25 of the Central Excise Rules and the corresponding option to redeem on payment of fine were treated as penalties in rem arising from the same investigation and thus covered by the Scheme. Consequently, upon grant of the Discharge Certificate, no further liability, including redemption fine, survived. The Commissioner (Appeals)' order dated 28.03.2024 was set aside and both appeals were allowed.
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