2015 (8) TMI 290 - SCH - Customs

Recovery of duties erroneously refunded Extension of limitation period - Whether customs authorities could invoke provisions of Section 28 of Customs Act, 1962, to avail benefit of extended period of limitation Held that - original licence holder, had deliberately suppressed fact of having availed Modvat credit under Rule 57A of Central Excise Rules, 1944, and thereby made willfully wrong declaration to licensing authority to obtain endorsement of transferability of same while transferring licenses to appellant In view thereof, extended period of limitation would be available to authorities for purpose of claiming duty even against appellant, who was transferee of licence No merit in appeals and accordingly dismissed Decided against Appellant.

Summary

The Supreme Court in the case ruled that customs authorities can use the proviso to Section 28 of the Customs Act, 1962 for extended limitation period. The appellant, a transferee of a license, was held liable for duty as the original holder had suppressed information. The appeals were dismissed.