TMI Blog2012 (7) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to supply the goods to other EOU/STP units against valid advance license or specific customs entitlements - M/s. Evergreen Exim Pvt. Limited had cleared the goods imported by them on which the customs duty was foregone to advance license holders EOU - there cannot be any duty liability on the said M/s. Evergreen Exim Pvt. Limited. In the absence of any duty liability on the main Company, the provisions of Section 112 and 117 for imposition of penalties on the Directors cannot be invoked - order to that extent it imposes penalty on the appellants herein, is liable to be set-aside - C/551 & 552/2003 - - - Dated:- 25-6-2012 - Mr.M.V. Ravindran, Mr. B.S.V. Murthy, JJ. Shri J.C. Patel, Adv.: for Assessee. Ms.Mallika Maha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... early indicates that the Deputy Commissioner of Customs Central Excise had permitted the appellant Company to remove the goods to another EOUSEZ Unit against the advance license or specific duty free entitlements. It is his submission that they have not at all violated the conditions of Notification No 53/1997-Cus. He would also rely upon the Board Circular dated 22.05.2000 and specifically on the paragraph No.3 of the said circular. He also relied upon the Tribunal decisions in the case of Stonemanm Marble 2004 (166) ELT 84 (Tri.), Rioben International 2006 (198) ELT 55 (Tri. Bang.) and Kestrel Coats Pvt. Limited -- 2008 (232) ELT 293 (Tri. Chennai), for the proposition that penalty is not imposable on the appellant individuals. 4. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... executed by the Company M/s. Evergreen Exim Pvt. Limited clearly indicates that the goods which are imported can be disposed of by the said Company by removal of the goods to another EOU/SEZ units or against advance license or specific duty free entitlements, subject to achievement of positive NEEP. The said bond was executed by M/s. Evergreen Exim Pvt. Limited before clearing of the goods from the Customs department in the customs. 8. We find that the CBEC Circular No. 49/2000-Cus dated 22.5.2000 talks about amendments in Export Import Policy and in Hand Book of Procedures, 1997-2002, wherein CBEC clarifies in Para 3 as under :- 3. The provision concerning trading units in Paragraph 9.21 is in lieu of the earlier Paragraph, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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