Duty & Penalty Set Aside as DGFT Scrips Not Cancelled U/s. 28AAA: CESTAT Ahmedabad

Rishabh Salvage Energy Pvt Ltd. Vs C.C. (CESTAT Ahmedabad) Three appeals arose from a common show cause notice issued by DRI dated 02.07.2020 under Section 28AAA of the Customs Act, 1962. The principal appellant, along with a director and a custom broker, challenged the demand of duty and imposition of penalties relating to two Focus Market Scheme (FPS) scrips issued by DGFT after export of salt through Mundra Custom House. The allegation was that the appellant had misclassified exported goods under CTH 2501 00 90 (industrial salt) instead of CTH 2501 00 10 (common salt), to avail 2% credit un...