2026 (2) TMI 918

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.... Energy Pvt. Ltd. Duty Rs. 81,918/- (u/s 28AAA of CA) Penalty Rs. 2,91,550/- (u/s 114(iii) and 114 AA (ibid) 2. C/10183/2024 Shri Inderjit Singh Minhas Penalty Rs. 2,91,550/- (u/s 114(iii) and 114 AA (ibid) 3. C/10552/2024 M/s Soham Logistics Pvt Ltd. (Custom Broker) Penalty Rs. 2,91,550/- (u/s 114(iii) and 114 AA (ibid) * DRI issued SCN dated 02.07.2020 to M's. Rishabh under Section 28AAA of Customs Act, 1962 in relation to 02 Focus Market Scheme (FPS) Scrips issued to them by DGFT post-export of different varieties of salt under shipping bills filed by them between 23.08.2012 to 09.12.2023 with Custom House, Mundra. * According to DRI, M/s. Rishabh had mis-classified the goods under 2501 00....

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....otice. Aggrieved by the decisions, parties have filed these appeals. * The appellant drew attention of this Court to Circular No. 334/1/2012- * TRU dated 01.06.2012 (annexed herewith), wherein, it is specifically clarified that: "112 Recovery of duty in case of instrument issued under Foreign Trade (Development and Regulation) Act Section 28AAA has been inserted in the Customs Act through Section 122 of the Finance Act, 2012 to provide for recovery of duties from the person to whom an instrument such as credit duty scrips was issued where such instrument was obtained by means of collusion or willful misstatement or suppression of facts. Since the provision now has the force of law, action for recovery of ....