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2014 (11) TMI 859 - AT - CustomsExemption under Notification No.28/97 Cus. dt. 1.4.97 - Penalty u/s 11A - Suppression of facts - Held that:- Appellant imported machinery under EPCG licence subject to the condition that the said machinery would be used in their factory for manufacture of the final product. There is no dispute that the machineries were installed in a textile showroom cum shop of the appellant's sister concern at Chennai, without any intimation to the department, and in gross violation of condition of the Exemption Notification. It is apparent that the appellant deliberately suppressed the fact of installation of the machineries at their showroom with an intention to evade payment of appropriate Customs duty on the imported machinery and it would liable to be confiscated under Section 111 (o) of the Customs Act, 1962. - Appellant installed the machineries in their show room without utilizing in the factory premises, is a clear case of misrepresentation and penalty of Section 114A of the said Act is imposable - Decided against assessee.
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