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2012 (7) TMI 144 - AT - CustomsPenalty on directors of company – M/s. Evergreen Exim Pvt. Limited, being 100%EOU trading unit could not have sold the goods under advance license as per the provisions of Para 9.21 of the Export Import Policy - appellants had cleared the consignments of goods imported without payment of duty by executing B-17 Bond - bond clearly 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 – Held that:- According to CBEC Circular No. 49/2000-Cus EOU trading units were 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
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