https://www.taxtmi.com/caselaws?id=755342 The CESTAT Chennai held that a SCN issued under section 28 of CA 1962 for undervaluation of imported reprocessed LDPE/HDPE granules was legally defective as it was issued before final assessment. The tribunal ruled that section 28 empowers recovery of duty only after goods are finally assessed and cleared, citing SC precedent in Canon India case. Following HC decisions in AS Syndicate and Mahesh India cases, the tribunal found the demand notice issued without jurisdiction and quashed it. Consequently, penalties and confiscation orders also failed. Appeal was disposed of in favor of appellants. en-us Tue, 09 Jul 2024 00:00:00 +0530 Wed, 10 Jul 2024 10:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755342 The CESTAT Chennai held that a SCN issued under section 28 of CA 1962 for undervaluation of imported reprocessed LDPE/HDPE granules was legally defective as it was issued before final assessment. The tribunal ruled that section 28 empowers recovery of duty only after goods are finally assessed and cleared, citing SC precedent in Canon India case. Following HC decisions in AS Syndicate and Mahesh India cases, the tribunal found the demand notice issued without jurisdiction and quashed it. Consequently, penalties and confiscation orders also failed. Appeal was disposed of in favor of appellants. Case-Laws Customs Tue, 09 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755342