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2017 (7) TMI 472 - AT - CustomsBenefit of N/N. 13/81-Cus dt. 09/02/1981 - recovery of amount of duty from loanee - Held that: - the appellant herein had made a commitment before their lordships, that if any amount determined in an adjudication proceedings against the loanee i.e. KTL, it shall, out of the sale proceeds, pay the same. In our considered view, the undertaking given by APSFC the appellant herein, to the Hon'ble High Court has to be honoured by them and since the impugned order confirms the demand of duty on KTL who is the loanee originally, it was the bounden duty of the APSFC to discharge the duty liability to the customs authorities - merits in the appeal filed by the appellant in contesting the duty liability i.e. confirmed against KTL and sought to be recovered from them. Penalty u/s 112 of CA - Held that: - the adjudicating authority has erred in imposing the penalty under Section 112 of the Customs Act on the appellant inasmuch appellant has never engaged themselves in an import of goods which are liable for confiscation under the provisions of Section 111 of the Customs Act - penalty set aside. Appeal disposed off. - decided partly in favor of appellant
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