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Revenue Can't Seek Settlement After Adjudication Failure Under Customs Act Section 28(2B) for Voluntary Deposits by Importer.

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....Appropriation of the amount said to be deposited voluntarily by the importer - by issuing the show cause notice, Revenue has itself opted not to settle the issue in terms of sub-section 2B of Section 28 of Customs Act, 1962. Having done so they cannot go back subsequently on failing in adjudication proceedings to ask for settlement and appropriation of the amounts paid in terms of this section.....