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2013 (12) TMI 401 - CESTAT BANGALOREPenalty u/s 112 - Import of capital goods - Imports were made under EPCG licences and as per the said licences - Non fulfillment the export obligation - Commissioner refrained Revenue to confiscate goods and impose penalty - Held that:- According to the Notification No. 110/95-Cus., dated 5-6-1995, if the importer does not fulfil the export obligation, the importer is required to pay duty leviable on the goods imported but for the exemption in the same proposition in the unfulfilled portion of the export obligation. The Notification itself provides the importer has to pay duty and interest and also proportionate of total export obligation. When the notification itself provides for a situation where an importer is not able to fulfil the obligation, the question of violation of conditions of notification does not arise - Decided against Revenue.
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