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2017 (6) TMI 306 - AT - CustomsGoods were imported without payment of duty - stock transfer - Notification No. 12/2012-Cus dated 17.03.2012 read with Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996. - Held that: - the imported goods have been diverted by the Appellants to their sister unit situated in Ambarnath (Maharashtra), which is in contravention of the relevant Rules in terms of which the Appellants imported the goods without payment of Customs Duty - This charge is not being contested by the Appellants. Accordingly, there is no hesitation in holding that the Appellants are liable to pay the applicable Customs Duty along with interest payable thereon. Penalty u/s 112 and 114A of CA - Held that: - It is evident from the facts and circumstances of the case that diversion of the goods to their sister concern has not been done with intention to evade the Customs Duty concession. Consequently, there is no justification to impose the penalty on the Appellants. Appeal allowed - decided partly in favor of appellant-assessee.
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