SAFTA certificate of origin benefit survived compelled relinquishment, invalidating reassessment, duty demand, confiscation and penalties for imported ship-breaking material.

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....A CESTAT decision states that an importer's letter foregoing SAFTA preferential duty, given while goods were detained and demurrage accrued, was not a voluntary relinquishment under section 28DA(4) and did not bar challenge to reassessment. It further states that a valid, undisputed Bangladesh certificate of origin established entitlement to concessional duty where the prescribed SAFTA verification procedure was not invoked. As no physical mismatch, misdeclaration or fraud was found, the decision records that the differential duty demand, confiscation, redemption fine and penalty were set aside with consequential relief.....