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2019 (6) TMI 1277 - AT - CustomsImport of Capital goods under EPCG Scheme - non-fulfillment of export obligations - benefit of N/N. 49/2000 dt. 27/04/2000 - HELD THAT:- In the present case, the appellant could not fulfill the export obligation on account of reasons beyond his control as he has suffered huge financial loses and his factory was closed in 2007 - further the appellant have paid the entire customs duty foregone amounting to ₹ 22,14,833/- as on date. There is no force in the contention of the appellant that they had fulfilled the export obligation by earning foreign exchange of ₹ 28,28,526/- because both the authorities have not considered the same as export. Further there is no deliberate default in fulfilling the export obligation and therefore there is no justification for confiscation of the goods and imposition of redemption fine in terms of Section 125 of the Act - the confiscation, redemption fine of ₹ 5 lakhs in lieu of confiscation and penalty of ₹ 2.5 lakhs is set aside. Demand of Interest - HELD THAT:- The appellants are liable to pay interest on the delayed payment of customs duty foregone - case remanded back to the original authority for quantification of interest which the appellant would be liable to pay. Appeal allowed by way of remand.
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