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2009 (6) TMI 726 - CESTAT, CHENNAIDemand - Quantum of - EXIM - EPCG scheme - Held that: - the extent to which export obligation has been fulfilled should be taken into consideration towards duty liability - since there was no deliberate violation of the condition and since the non-fulfilment of the export obligation was due to circumstances beyond the control of the appellants, confiscation is not sustainable and penalty is also required to be set aside along with interest as there is no provision for demand of interest under N/N. 160/92-Cus - we reduce the duty liability to the unfulfilled extent of export obligation namely 54% of the total duty demand and also set aside confiscation, interest and penalty - decided partly in favor of appellant.
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