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2016 (8) TMI 84 - HC - CustomsLevy of penalty - deliberate omission or not - Held that:- The Tribunal has assigned cogent and satisfactory reasons. The reasons are that appellants imported capital goods and they were so imported without payment of customs duty. These goods went in manufacture and export of excisable goods. There were also certain materials procured indigenously without payment of duty at the time of de-bonding. These forgone duties were capable of being recovered and were recovered. However, the investigation reveals that the complete list of capital goods is not procured or not handed over at the time of de-bonding. It is only when the further steps were taken that the Department / Revenue noticed these serious lapses. Once the nature of the capital goods enabled the adjudicating authority and the Tribunal to arrive at a finding of fact that this was a deliberate or intentional act that we do not think that the appeal raises any substantial questions of law. - Levy of penalty confirmed.
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