under Section 28 of the Customs
Act, 1962 + Rs.26,08,18,611 under Section 28AAA of
the Customs Act, 1962], along with interest ... Notice proposed recovery of import
duties of Rs. 26.08 crores under Section 28AAA and
Rs. 3.54 crores under the proviso to Section 28 , along
with
Customs Act
2
C/55760/2023
ineligible Focus Market Scrip under section 28AAA of the Customs Act with
interest. Penalty has also been imposed upon ... under the FMS equivalent to
Rs. 1,58,44,432/- under section 28AAA of the Customs Act with interest.
It also proposed to impose penalties
under
section 28, no order to recover that duty shall be passed under this
section.
(5) Where the person referred to in sub-section ... recovered in the manner laid down in sub-section (1) of section
142.]"
9
Section 28AAA is applicable in case:
i ) where an instrument
recovery of
the ineligible Focus Market Scrips from the appellant under section 28AAA
of the Customs Act with applicable rate of interest. The amount ... appellant under section 114AA and
section 114(iii) of the Customs Act.
(e) Penalty on Vijay Kumar Maggu under sections 114AA
recovery of the ineligible Focus Market Scrips from the
appellant under section 28AAA of the Customs Act with applicable
rate of interest. The amount ... availed under the FMS
equivalent to Rs. 44,11,386/- under section 28AAA of the Customs
Act with interest. It also proposed to impose penalty
which is the statutory
circumscribing of recourse to recovery under section 28 or section 28AAA
of Customs Act, 1962. The portrayal of fraud, insinuated ... three activities that constitute fraud, contextually though, are
mandated in section 28 and section 28AAA of Customs Act, 1962.
Benefits are, certainly, deniable or truncated
recovery of the ineligible Focus Market Scrips from the
appellant under section 28AAA of the Customs Act with applicable
rate of interest. The amount ... under the FMS
equivalent to Rs. 1,57,55,340/- under section 28AAA of the Customs
Act with interest. It also proposed to impose penalty
with interest. It also proposed to impose
penalty under section 114AA , section 114(iii) and section 114AB of
the Customs Act on the appellant ... Duty Drawback;
(d) Imposed penalty on the appellant under section
114AA , section 114(iii) and section 114AB of the
Customs Act.
5
C/55675/2023
department a wilful misstatement
for invoking provisions of Section 28AAA of the Customs Act, 1962.
6. Vide Finance Act, 2011 with effect from ... classification of
exported goods and recovery of Customs Duty under Section 28 and Section
28AAA of the Customs Act, 1962. Therefore, both DGFT and Customs
ordered for
recovery under Section 28AAA of the Customs Act, 1962 (for short,
referred to as "the Act") and a penalty ... facts' cannot be leveled, justifying confirmation of
duty demand under Section 28AAA of the Act. He has referred to the
impugned order at paragraph
