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2017 (9) TMI 1333 - AT - CustomsPenalty u/s 117 of CA, 1962 - EPCG scheme - non-fulfillment of export obligation - Held that: - Section 117 of the Act, 1962 provides any person who contravenes any of the provisions of this Act or who fails to comply with the provisions of this Act, etc., where no express penalty is elsewhere provided for such contravention or failure, shall be liable to penalty - the appellant failed to comply with the provisions of the Act by way of non-fulfillment of the obligations of the Act, the imposition of penalty u/s 117 is warranted. As the appellant failed to fulfill the export obligations due to the manufacture of sub-standard materials, the quantum of penalty should be reduced. Appeal allowed - decided partly in favor of appellant.
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