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2014 (11) TMI 784 - AT - CustomsRemission of duty - Theft of goods - dispute traveled up to the Tribunal, who rejected the assessees request to allow remission of duty - matter was remanded for re-quantification of the said duty and to finalize interest rate - Commissioner restricted the duty foregone on components holding that while imposing duty Revenue travelled beyond SCN - Held that:- it is not a case where the demand of duty foregone by the importer in terms of notification No. 137/2000 Cus at the time of import was the subject matter of dispute. Admittedly, the duty free import components already stand utilized by the appellant in the manufacture of their final product. The said final product has not been exported and was stolen. The Tribunal has denied remission of duty in respect of said stolen goods. As such, the assessee was required to pay duty on their final manufactured goods which by the process of stealing has gone into the DTA stream. As such, the duty has to be confirmed on the value of said final product. Revenue has confirmed the duty by debiting the FOB value on the said goods cleared under DTA. There is no value available inasmuch as the goods were not being cleared by the appellant in DTA routine /normal course. The assessee would also have no alternate value of said goods. As such, we agree with the Revenue that duty of ₹ 28,73,326/- which was sought remission for, are required to be confirmed. However, in case of interest rate of 15%, applied by the Commissioner is upheld inasmuch as there is no challenge of the same in the appeal of Revenue. We accordingly, allow the Revenue s appeal to that extent. However, penalty is not imposable - Decided partly in favour of assessee.
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