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2018 (5) TMI 1718 - AT - CustomsDemands of duty foregone on the capital goods - 100% EOU - non-fulfilment of export obligation - imported goods installed in the unit, but after some time unit was closed, due to which export obligation could not be fulfilled - demand of duty - Confiscation - penalty - Held that:- Importer or an assessee who has committed to an export obligation is duty bound to do so, needs to discharge the duty demanded by the department, while allowing the capital goods to be imported duty free for 100% EOU. Upholding that the Adjudicating Authority was correct in confirming the demands of duty foregone on the capital goods, we hold that the duty liability on the capital goods needs to be re-worked out as it is undisputed said capital goods were installed in the 100% EOU and they had achieved little export obligation. LENS MASTER INTERNATIONAL VERSUS COMMR. OF CUS. & C. EX., HYDERABAD-II [2009 (1) TMI 235 - CESTAT, BANGALORE] followed. Confiscation of capital goods - Held that:- Appellant having not fulfilled condition of export obligation, the said capital goods are liable to be confiscated and such confiscation is upheld - the ends of the justice would be met, if the redemption fine imposed on such capital goods is fixed at ₹ 50.000/-, subject to such notification order to confiscate capital goods and imposition of redemption fine in lieu of such confiscation is upheld. Penalty imposed - Held that:- We do find that due to market conditions there was failure on the part of appellant for fulfilment export obligation, following the ratio in the case of Jaswal Neco Ltd. [2015 (8) TMI 243 - SUPREME COURT] we set aside penalty by the Adjudicating Authority.
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