Home Case Index All Cases Customs Customs + AT Customs - 2018 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (2) TMI 159 - AT - CustomsBenefit of N/N. 66/2004-Cus. (serial No. 152-B) - it was alleged that the appellant was misusing the benefit of the exemption notification as amended by N/N. 66/2004-Cus. by using the imported waste paper in the manufacture of paper other than newsprint - Held that: - there is no deliberate violation of the conditions of the exemption notification in question - the diversion of about 10% of the imported waste paper is only incidental and does not call for any adverse inference on the part of the appellant - there is no case made out against fraud, suppression of facts and/or falsification of record. In this view of the matter, the appellant has not violated the conditions of N/N. 21/2002-Cus. as amended. Penalty on Director u/s 112 - Held that: - he should have been more vigilant and should have suo motu informed the Revenue of the utilization of the imported waste paper for manufacture of paper other than newsprint - penalty upheld but quantum reduced. Appeal allowed in part.
|