Home Case Index All Cases Customs Customs + AT Customs - 2016 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 6 - AT - Customs100% EOU (STPI unit) - leasing out the duty-free goods in violation of the relevant customs and central excise Notifications - Redemption fine - Penalty - Notifications No.52/2003-Cus. as well as Notification No.22/2003-CE dated 31.3.2003 - Held that: - some of the conditions of the Notifications stand violated in the process of leasing of the premises and the goods, such transfer of goods have taken place only to other STP units - It is also pertinent to record that the diversion of such units has not been made outside the EOU scheme/STP scheme. The imported as well as indigenous goods have been procured duty free by the respondent under the STP schemes, which involves obligation to export software. Transferring such duty-free goods out of their own possession would amount to de facto de-bonding of such goods. The demand of duty foregone on the imported as well as indigenous goods is in order. It is also on record that the entire duty liability along with interest stands already paid by the respondent - waiver of redemption fine and penalty confirmed - Decided against the revenue.
|