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2015 (4) TMI 924 - HC - CustomsImpoundation and confiscation of goods - Export of 2496MT sugar - 'Export Release Orders' not obtained - export obligation under 'Advance Authorization' scheme - Imposition of penalty - Held that:- assessee has hopelessly failed to establish the physical incorporation of the imported input in 2006 in the exported sugar in the year 2010. The Assessing Authority and the Tribunal appears to be correct in recording a finding that the appellant has violated the provisions of Customs Act, in exporting sugar without there being any 'Export Release Order' in the facts of this case - tribunal has been more-than fair in reducing the penalty to nearly 1/10 of the original penalty. There is no scope of the penalty being reduced any further by this Court. - Decided against assessee.
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