Imported cement concessional duty exemption under Notification 4/2006 challenged over RSP misdeclaration; demand, interest and s.114A penalty set asid...
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Drawback recovery under Rules 16/16A cannot be used to amend shipping bill values because once goods are exported and shipping bills assessed, assessment can be modified only by specified statutory methods (appeal, demand notice, finalization of provisional assessment, amendment, or error correction), none of which applied here; therefore execution style drawback proceedings cannot alter declared values. Bank Realisation Certificates issued and not withdrawn establish receipt of remittances for the invoices and preclude recovery of drawback. Goods already exported are not 'export goods' for confiscation, hence confiscation and penalties based on confiscation are inapplicable and the impugned order is set aside.
Drawback recovery under Rules 16/16A cannot be used to amend shipping bill values because once goods are exported and shipping bills assessed, assessment can be modified only by specified statutory methods (appeal, demand notice, finalization of provisional assessment, amendment, or error correction), none of which applied here; therefore execution style drawback proceedings cannot alter declared values. Bank Realisation Certificates issued and not withdrawn establish receipt of remittances for the invoices and preclude recovery of drawback. Goods already exported are not 'export goods' for confiscation, hence confiscation and penalties based on confiscation are inapplicable and the impugned order is set aside.
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