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TMI Blog2023 (9) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... d of duty foregone by the petitioner at the time of import of capital goods - SCN is time barred in as much as the imports was made by the petitioners as early as on 24.08.2004 - HELD THAT:- The imported capital goods which were cleared on the strength of EPCG License issued by the authorities under the Foreign Trade (Development and Regulation) Act, 1992, can be confiscated by invoking the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Central Government Counsel for the third respondent. 2. The petitioners have challenged the impugned Show Cause Notice dated 28.12.2019 issued by the respondent demanding duty foregone by the petitioner at the time of import of capital goods under Bill of Entry No.673488 dated 24.08.2004 and to confiscate the aforesaid capital goods under Section 111(0) of the Customs Act 1962, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods and since the duty that was forgone was secured by Bank Guarantee issued in favour of the respondent, also invoked as early as 26.03.2013. 5. It is therefore submitted that the Show Cause Notice issued by the respondent seeking to impose penalty and demand duty under Sections 112(a) and 111(o) of the Customs Act, 1962, cannot be countenanced. 6. I have considered the arguments advanced b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s several other issues arise for consideration the Impugned Show Cause Notice, I am of the view, that there is no merits in challenge the Impugned Show Cause Notice as time barred. 11. That apart, issue relating to time barred is always a mix question of law and facts. Therefore, the Impugned Show Cause Notice cannot be quashed under Article 226 of the Constitution of India. 12. Be that as i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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