Section 111(o) of Customs Act, 1962 becomes inapplicable once duty is recovered

Apex International Vs Commissioner of Customs (NS-IV) (CESTAT Mumbai) CESTAT Mumbai held that with the recovery of duty, imports stand regularized and hence section 111(o) of Customs Act, 1962 becomes inapplicable. Accordingly, confiscation and penalty set aside. Facts- The dispute revolves around duty of ₹ 10,38,685/- having been foregone on imports effected against advance authorization no. 6110001060/27.8.2013, covered by bond executed on 5th September 2013 for making good the said amount with interest for breach of notification no. 96/2009-Cus dated 11th September 2009, commencing on 12t...