CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL BANGALORE REGIONAL BENCH - COURT NO. 1 Customs Appeal No. 20127 of 2022 (Arising out of Order-in-Original No. BLR-CUSTM-AIR-63/2020 dated

31.01.2020 passed by the Principal Commissioner of Customs, Airport & Air Cargo Complex, Bangalore.)

M/s. Bangalore Refinery Private Limited, No. 6/1, Plot No. 20A, Appellant(s)

KIADB Main Road, 1^st Cross, 1^st Phase, Peenya Industrial Area, Bengaluru – 560 058.

VERSUS The Principal Commissioner of Customs Airport and Air Cargo Complex, Air India SATS Airfreight Terminal, Respondent(s)

KIAL, Devanahalli, Bengaluru – 560 300.

With Customs Appeal No. 20208 of 2020 (Arising out of Order-in-Original No. BLR-CUSTM-AIR-63/2020 dated

31.01.2020 passed by the Commissioner of Customs, Bangalore.)

Sri Suresh I Dhruv M/s. Bangalore Refinery Private Limited, No. 6/1, Plot No. 20A, Appellant(s)

KIADB Main Road, 1^st Cross, 1^st Phase, Peenya Industrial Area, Bengaluru – 560 058.

VERSUS The Principal Commissioner of Customs Airport and Air Cargo Complex, Air India SATS Airfreight Terminal, Respondent(s) KIAL, Devanahalli, Bengaluru – 560 300.

And Customs Appeal No. 20209 of 2020 (Arising out of Order-in-Original No. BLR-CUSTM-AIR-63/2020 dated

31.01.2020 passed by the Commissioner of Customs, Bangalore.)

Sri Ketan S Dhruv M/s. Bangalore Refinery Private Limited, Appellant(s)

No. 6/1, Plot No. 20A, KIADB Main Road, 1^st Cross, 1^st Phase, Peenya Industrial Area, Bengaluru – 560 058.

VERSUS The Principal Commissioner of Customs Airport and Air Cargo Complex, Air India SATS Airfreight Terminal, Respondent(s)

KIAL, Devanahalli, Bengaluru – 560 300.

APPEARANCE:

Mr. G. Shivadass, Senior Advocate with Mr. Rishab and Ms. Shradha Pandey, Advocates for the Appellant Mr. Maneesh Akhoury, Assistant Commissioner (AR) for the Respondent CORAM: HON'BLE DR. D.M. MISRA, MEMBER (JUDICIAL)

HON'BLE MRS R BHAGYA DEVI, MEMBER (TECHNICAL)

Final Order No. 20286 to 20288 /2026 DATE OF HEARING: 12.09.2025 DATE OF DECISION: 11.03.2026 PER : DR. D.M. MISRA These appeals are filed against Order-in-Original No. BLR-

CUSTM-AIR-63/2020 dated 31.01.2020 passed by the Principal Commissioner of Customs, Airport & Air Cargo Complex, Bengaluru.

2. Briefly stated the facts of the case are that the appellant are engaged in import of Gold Dore Bars(GDBs, for short) having gold content not exceeding 95% through Air Cargo Complex, Bengaluru. The said imported goods were shipped from Ghana and Peru. The appellant had availed benefit of exemption of Notification No.12/2012-Cus. dated 17.03.2012 in discharging duty on such gold bars for the imports made during the period 01.07.2014 to 28.11.2016. On the basis of intelligence, investigation was initiated by the DRI, Bangalore Zonal Unit on the premise that the appellant has wrongly availed the benefit of exemption Notification No.12/2012-Cus by conducting search at the office premises of the appellant on 20.01.2015 and 12.06.2017, recording statement etc. On completion of investigation, show-cause notice was issued to the appellant on 18.06.2019 denying the benefit of Sl.No.318 of Notification No.12/2012-Cus. dated 17.03.2012 and demanding differential duty of Rs.33,02,98,200/- short paid on the import made during the period from 01.07.2014 to 28.11.2016 under sub-section (4) of Section 28 of the Customs Act, 1962; proposing confiscation of the gold bars weighing 868.937 kgs. imported during the said period and imposition of penalties under various provisions of the Customs Act, 1962 on the appellant company and also the Directors. On adjudication, the differential duty was confirmed with interest; an amount of Rs.25 lakhs paid has been appropriated; penalty of equivalent amount was imposed under Section 114A; penalty of Rs.10 lakhs under Section 114AA was imposed on the appellant and penalty of Rs.10 lakhs each on Shri Suresh I Dhruv and Shri Ketan S. Dhruv, Directors under Section 112(a) and penalty of Rs.5.00 lakhs on each of them under Section 114AA of the Customs Act, 1962