2008 (6) TMI 491

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....the case are that appellant made import of Polymethyal Metha Acrylate Monomer in the year 1996. Goods were cleared on provisional assessment and duty has been paid as declared in the bills of entry. Subsequently, in July 1997, a show cause notice was issued for enhancement of value of the imported goods. The proceedings were dropped by Commissioner of Customs. The revenue challenge the order passed by Commissioner of Customs, dropping the proceedings and the Tribunal vide order dated 24-8-2000 set aside the order passed by the Commissioner of Customs and confirmed the demand of Rs. 42,11,864/- and also imposed penalty of Rs. Forty lakhs. Appellant challenged the order passed by the Tribunal before Hon'ble Supreme Court and Hon'ble Supreme C....

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.... was not passed on to the buyers when goods are provisionally assessed. The contention is that goods were cleared on payment of duty at the value declared by the appellant in the bill of entry and subsequently a show cause notice for enhancement of the value and the proceedings were dropped by the Commissioner of Customs. The duty was subsequently paid after five years from the clearance of the goods and pursuance to the order passed by the Tribunal. Therefore, the finding that no evidence was produced the duty has not been passed on to the buyers during provisional assessment are not sustainable. The appellant produced a certificate issued by Chartered Accountant showing that the amount in dispute is shown as recoverable in books of accoun....