2022 (1) TMI 135

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....irport New Delhi, the operative part of which is as follows: (i) I confirm the customs duty of Rs. 3,68,10,660/- (Rupees Three crore sixty Eight Lakh Ten Thousand Six Hundred and Sixty Only) against M/s State Trading Corporation of India Ltd., Jawahar Vyapar Bhavan, Tolstoy Marg, New Delhi-110001 leviable on import of 133 kgs of gold issued to M/s Venus Industries, C-24, Lawrence Raod, Industrial Area, Delhi-110035 under replenishment scheme, in terms of Section 28(4) of the Customs Act, 1962 read with Circular No. 27/2016-Cus as amended and order the recovery of the same. (ii) I order for recovery of interest, as applicable in terms of Section 28AA of the Customs Act, 1962 on the Customs duties mentioned at (i) above. ....

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....e impugned order was assailed on several grounds in the two appeals. An application for out of turn hearing was also filed. On 05.11.2021 Miscellaneous Order No. 50154 /2021 was passed in appeal No. 50195 of 2020 whereby appellants' prayer for early hearing on the ground that the case involved is covered by the judgment of the Hon'ble Supreme Court in case of Canon India Pvt. Ltd. vs. Commissioner of Customs [2021 (376) ELT 3 (SC)] was allowed. Accordingly, both appeals were listed for final disposal today. 3. Learned Counsel for the appellants submits that in this matterthe show cause notice [SCN] was issued by Additional Director General of DRI, Hyderabad Zonal unit demanding duty under section 28(4) along with interest. Consequently, ....

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....s high Courts and this Tribunal in several cases. The Larger Bench of Supreme Court has, on 29/31.8.2021, in the matter of Agarwal Metals [Commissioner of Customs Kandla vs. M/s. Agrawal Metals and Alloys (Civil Appeal No. 3411/2020)] followed the ratio of the judgment of Cannon India Ltd. and dismissed Revenue's appeals holding as follows: "Delay condoned. In view of decision dated 09.03.2021 of three judge Bench of this Court in Civil Appeal No. 1827 of 2018 titled as "M/s. Canon India Private Ltd. vs. Commissioner of Customs reported in 2021 (3) SCALE 748. These appeals must fail as the show cause notice(s) in the present cases was also issued by Additional Director General (ADG), Directorate of Revenue Intelligence (DR....