2017 (9) TMI 875

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....ne they have availed concessional rate of duty under Notification No. 26/1999-Cus. dated 28.02.1999. The said notification allowed concessional rate of 5% duty on 15% quantity of imported kerosene subject to the condition that the said 15% is used for extraction of paraffin. In case of lesser usage of the prescribed limit, the normal rate of duty shall be payable for the differential quantity. Since the consumption data has to be obtained later, the assessment was done provisionally. Later on the details furnished by the appellants, the original authority finalized the assessment by an order dated 26.07.2006. Later based on certain investigations conducted by the officers with the records of the appellants, Revenue initiated proceedings by ....

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....Later, upon detailed verification of the accounts of the appellant, it was revealed that the consumption data and various other particulars were not correctly given by the appellants. In fact, the particulars given were found to be incorrect and were based on certain estimates and not on actuals. When such being the case, the Revenue is well within its right to proceed against the appellants, for submission of wrong statements resulting in ineligible concession granted to them, at the time of finalization of assessment. Accordingly, he submitted that proceedings are legally valid. 5. We have heard both sides and perused the appeal records. 6. Admittedly, the assessment for imported kerosene were provisional. The provisional assessments ar....