https://www.taxtmi.com/caselaws?id=760542 CESTAT Ahmedabad allowed the appeal concerning recovery of customs duty as IGST forgone during imports under advance authorization scheme (October 2017-November 2018). The appellant fulfilled pre-import conditions in most cases and paid IGST where bill of entry was re-assessed, claiming eligible ITC under GST. The Tribunal held demands for IGST, interest, fine and penalties unsustainable on factual grounds. Since IGST paid was availed as ITC under GST with no malafide intent, penalties were not sustainable due to revenue neutrality. The department failed to raise objections during assessment despite the issue existing then. Extended limitation period was not invokable as no suppression of facts occurred. The impugned order was set aside. en-us Tue, 22 Oct 2024 00:00:00 +0530 Wed, 23 Oct 2024 08:19:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=760542 CESTAT Ahmedabad allowed the appeal concerning recovery of customs duty as IGST forgone during imports under advance authorization scheme (October 2017-November 2018). The appellant fulfilled pre-import conditions in most cases and paid IGST where bill of entry was re-assessed, claiming eligible ITC under GST. The Tribunal held demands for IGST, interest, fine and penalties unsustainable on factual grounds. Since IGST paid was availed as ITC under GST with no malafide intent, penalties were not sustainable due to revenue neutrality. The department failed to raise objections during assessment despite the issue existing then. Extended limitation period was not invokable as no suppression of facts occurred. The impugned order was set aside. Case-Laws Customs Tue, 22 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=760542