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2017 (10) TMI 761 - AT - Customs100% EOU - N/N. 52/03-cus dated 31-3-2003 - non-fulfillment of conditions relating to clearance under STPI scheme - Held that: - there was no malafide intention on the part of the appellant to violate any condition of licence provisions. Initially truck was supposed to be cleared under Notification no.52/03. When the appellant was unable to fulfill the condition they immediately paid the customs duty and cleared the goods, the conduct of the appellant is clearly bonefide. The goods were rightly confiscated but the appellant deserve some leniency in view of the conduct of the appellant and in absence of any malafide intention, therefore redemption fine reduced from ₹ 15 Lacs to ₹ 5 Lacs and penalty is reduced from ₹ 4 lacs to ₹ 1 lacs - appeal allowed in part.
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