Case Law Details
Bank of Nova Scotia Vs Commissioner of Customs (CESTAT Kolkata)
CESTAT Kolkata held that circular cannot impose new condition and restrict scope of the exemption notification. Accordingly, demand of customs duty based on condition imposed vide circular no. 24/98- Cus unjustified.
Facts-
The Appellant is a ‘Nominated Agency’ in accordance with the Foreign Policy. As per the scheme introduced by the Government of India – ‘Export against supply by Nominated Agency’, the Appellant imported gold/silver/platinum (The goods) without payment of customs duty and supplied the same to various exporters for the manufacture of jewelry and subsequent export. The Exemption Notification No. 57/2000 dated 08.05.2000 gives effect to this export promotion scheme, subject to fulfillment of conditions mentioned therein.
In the present case goods were imported during November 2011 to October 2013 and supplied to Ganesh Jewellery House (I) Ltd. (SGJHIL), involving customs duty of Rs.13,53,67,882/-.Similarly goods imported during the period December 2008 to November 2012 were supplied to Enfield Gems and Jewellery Limited (EGJL) involving customs duty of Rs.2,44,32,057/-.
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