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2022 (12) TMI 1066 - AT - CustomsConfiscation of the imported machinery under the EPCG scheme (Export Promotion Capital Goods Scheme) with option to pay redemption fine - levy of penalty - It appeared to Revenue that the appellant have not fulfilled the export obligations and have not complied with the undertaking given in the bond, accordingly, the duty foregone at the time of import of the capital goods seems to be recoverable - HELD THAT:- There was a disruption in business both due to fire and due to shifting of the machinery to the new address, for a period of more than 2 years. Further, I find that the DGFT, by granting extension for fulfilment of export obligation, have condoned the delay in achieving the export obligations and have also regularised the shifting of the machinery to the new address. However, such extension remained mere formality or an eye wash, as the appellant did not have any opportunity to manufacture and export pursuant to granting of extension in March, 2018, as the machines were admittedly lying sealed by the Customs Department since 2016. The impugned orders are set aside - appeal allowed.
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