Misappropriation of duty-free gold bullion received under ...

Duty-free gold bullion misused for local market instead of export. Pre-notice consultation exempted. Show cause notices allow explanation. Limitation period applicable.

Case Laws Customs

July 6, 2024

Misappropriation of duty-free gold bullion received under Special Economic Zone Scheme for manufacture and export of studded gold jewelry - fraudulent diversion into local market. Clause 5.0 of circular dated 10.03.2017 exempts pre-show cause notice consultation for preventive/offense-related notices under Customs Act. Show cause notices not conclusive or determinative. Petitioners can provide plausible explanation with cogent proof. Relevant date as per documents is 24.11.2017, within extended limitation period u/s 28(4) of Act. Limitation aspect can be examined by appropriate authority based on petitioners' reply. Writ Court ordinarily should not entertain petitions challenging show cause notice unless lacking jurisdiction or violating natural justice principles. Petitions dismissed.

View Source

← Previous Next →

Misappropriation of duty-free gold bullion received under ...

Duty-free gold bullion misused for local market instead of export. Pre-notice consultation exempted. Show cause notices allow explanation. Limitation period applicable.

Case Laws Customs

July 6, 2024

You may also like:

Confiscation - Smuggling - Gold Bullion - Gold Jewellery - The appellant has not adduced any evidence to indicate that the same were procured locally. Appellants who...

Levy of Penalty - diversion of gold - Bin handler to keep the gold in safe custody - The allegation in the show-cause notice is that as the importer could not fulfill...

Minimum Export Price on export of Onions imposed - Otherwise export is 'Free' - Further export duty on onions reduced to NIL

Export policy of Onions - The revised policy allows the free export of onions but imposes a Minimum Export Price (MEP) of USD 550 per Metric Ton (MT). This condition is...

Liability for payment of customs duty on sale of excess liquor from the duty-free shop

The notice pertains to the abeyance of Public Notice No. 05/2024 dated 27.05.2024, which modified wastage permissible and Standard Input Output Norms for...

SEEPZ - allegation of Clandestine clearance of duty free goods, a large quantity of diamonds, gold etc. in the domestic market instead of exporting - Keeping in view the...

Gold Balas - Primary Gold seizure of gold ornaments pledged with the Appellant’s family - it is quite clear that a definite shape has been given to the gold Balas in...

Processing of Merchandise Exports from India Scheme (MEIS) applications for SEZs Exports - Public Notice

SCOMET Export permission for ‘Stock & Sale' purposes and for export of spare parts - Public Notice

Duty Free Import Authorization (DFIA) Scheme - If the applicant is aggrieved by the application of the Duty Free Import Authorization Scheme to the parties like the...

Validity of Search and Seizure - Smuggling - Gold - As per the show cause notice, pieces of gold were found with the appellant at the Railway station as well as the...

Misuse of Advance Authorisation for export of garments - Diversion of imported goods into open market without using the same in export goods - The Tribunal upheld the...

Validity of notice - Reopening of assessment u/s 147 - In the present case, there is an in advertent error in the notice issued by the AO reflecting only the PAN column...

This legal case deals with the applicability of Goods and Services Tax (GST) on the export of pre-packaged and labelled frozen shrimps. The key points are: According to...

Quick Updates: