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    <title>2023 (5) TMI 1135 - CESTAT NEW DELHI</title>
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    <description>Duty drawback, confiscation and penalty proceedings were held time-barred because they were initiated after an inordinate delay and the conditions for invoking the extended limitation period were not established. On merits, the demand also failed because the record did not prove fictitious exports or return of export remittances: the exporter produced shipping documents and bank realisation certificates, the bank re-verified the certificates, and there was no evidence of diversion of goods or repayment of proceeds. The drawback demand, confiscation and penalty were therefore unsustainable, and consequential relief followed.</description>
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      <title>2023 (5) TMI 1135 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=438328</link>
      <description>Duty drawback, confiscation and penalty proceedings were held time-barred because they were initiated after an inordinate delay and the conditions for invoking the extended limitation period were not established. On merits, the demand also failed because the record did not prove fictitious exports or return of export remittances: the exporter produced shipping documents and bank realisation certificates, the bank re-verified the certificates, and there was no evidence of diversion of goods or repayment of proceeds. The drawback demand, confiscation and penalty were therefore unsustainable, and consequential relief followed.</description>
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