2025 (6) TMI 1604

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....e case are that the appellant had filed Bill of Entry through their Customs Broker M/s. Sindhu Cargo Services Private Limited, for import of 105.37Kg of Gold bars classifying the same under Chapter Heading 71081200 of the Customs Tariff Act, 1975 claiming exemption of basic customs duty under Sl.No.323 of Notification No. 12/2012-Cus dated 17.03.2012. On the basis of audit objection, alleging that the duty was to be assessed on tariff value, resulting to the short payment of duty of Rs.7,87,470/-, show-cause notice was issued on 20.12.2015 to the appellant for recovery of the said duty along with interest and proposal for penalty. On adjudication, the demand was confirmed and the duty of Rs.7,87,470/- with interest Rs.4,08,223 paid have bee....

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....scharged by the appellant on ad valorem basis i.e. on the transaction value, whereas, the assessable value was determined by applying tariff value as per Notification No. 30/2012 dated 30.03.2012. The learned advocate has submitted that in response to the objection raised by the Department, it was submitted that the Notification No. 30/2012 and Notification No.50/2013 issued by the Customs Authorities were not available on the CBEC website either at the time of payment of duty through ICEGATE or at the time of clearance. Therefore, the said notification cannot be made applicable in confirming the differential duty by applying the revised Tariff value. In support, he referred to the judgment of the Tribunal in the case of Bank of Nova Scotia....