https://www.taxtmi.com/caselaws?id=792739 Customs duty foregone under an EPCG notification remained recoverable because the export obligation was not fulfilled, and prior encashment of bank guarantees did not extinguish the principal duty liability. However, where the imported goods and project premises were auctioned under SARFAESI proceedings before completion of the export obligation, performance became impossible through circumstances beyond the importer's control. In those facts, interest, confiscation and penalty could not be sustained, as the notification contemplated relief in unforeseen or force majeure situations and there was no basis for penal consequences. The duty demand was maintained, while interest, confiscation and penalty were deleted. en-us Mon, 01 Jun 2026 00:00:00 +0530 Wed, 03 Jun 2026 08:50:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=792739 Customs duty foregone under an EPCG notification remained recoverable because the export obligation was not fulfilled, and prior encashment of bank guarantees did not extinguish the principal duty liability. However, where the imported goods and project premises were auctioned under SARFAESI proceedings before completion of the export obligation, performance became impossible through circumstances beyond the importer's control. In those facts, interest, confiscation and penalty could not be sustained, as the notification contemplated relief in unforeseen or force majeure situations and there was no basis for penal consequences. The duty demand was maintained, while interest, confiscation and penalty were deleted. Case-Laws Customs Mon, 01 Jun 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=792739