https://www.taxtmi.com/caselaws?id=762960 CESTAT New Delhi dismissed Revenue's appeals for duty drawback and duty foregone recovery based on non-repatriation of export proceeds. The tribunal held that Section 28AAA of Customs Act, 1962 requires proof of collusion, willful misrepresentation or suppression of facts, which was not established. The court found no justifiable grounds for confiscation as goods were not prohibited for export. Bank realization certificate cancellation was quashed, removing the basis for distinguishing these exports from others. Penalties imposed on individuals were set aside due to lack of proper notice and hearing, and absence of sustainable grounds for recovery or confiscation. Appeals by exporters and individuals were allowed. en-us Mon, 25 Nov 2024 00:00:00 +0530 Tue, 10 Dec 2024 15:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=762960 CESTAT New Delhi dismissed Revenue's appeals for duty drawback and duty foregone recovery based on non-repatriation of export proceeds. The tribunal held that Section 28AAA of Customs Act, 1962 requires proof of collusion, willful misrepresentation or suppression of facts, which was not established. The court found no justifiable grounds for confiscation as goods were not prohibited for export. Bank realization certificate cancellation was quashed, removing the basis for distinguishing these exports from others. Penalties imposed on individuals were set aside due to lack of proper notice and hearing, and absence of sustainable grounds for recovery or confiscation. Appeals by exporters and individuals were allowed. Case-Laws Customs Mon, 25 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=762960