2016 (1) TMI 626

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....ner (AR) ORDER Per Raju The appellants are importers of gold for industrial use. They were importing gold under Notification No. 12/2002-Cus dated 17.3.2012. The said notification allows import of gold at a concessional rate of 8% subjection to conditions 5 and 34. The condition 5 and 34 of the Notification read as under:- "Condition No. 5 :- If the importer follows the procedure....

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....of standard gold bars of purity 99.5% and above; and (e) the silver dore bars are imported by the actual user for the purpose of refining and manufacture of silver bars of purity 99.9% and above. The appellants vide their letter dated 23.7.2014 and 29.7.2014 informed the Commissioner that the supplier had informed them vide letter dated 21.07.2014 that he has wrongly shipped a Gold Dor....

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....stoms Notification No. 12/2012 dated 17.3.2012. The Commissioner observed that the appellants have requested for release of Bar No. 2 for home consumption and for allowing them to re-export Bar No. 1. The Commissioner relying on the decision of the Hon'ble Supreme Court in the case ofCommissioner of Customs, Bombay vs. Elephanta Oil Industries Ltd. - 2003 (152) ELT 257 (SC) and Board's Cir....

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.... the appellant argued that it was a genuine mistake and there was no intention to evade duty. 4. The learned AR relies on the impugned order. 5. I have considered the rival submissions. It is an admitted position that there was a genuine mistake of inadvertent nature. It is a fact that the goods have been imported in contravention of the license issued by DGFT, however, since the bona fide o....