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2018 (12) TMI 880 - AT - CustomsPenalty u/s 114(iii) and Section 114 AA of the Customs Act, 1962 - export incentive/Duty Entitlement Pass Book Scheme - Draw Back - mis-declaration of goods as of Indian Origin in the export documents - Held that:- The appellant company exported FeSi during the period from 2008-09 and 2011-12 in various consignments and availed export incentive in the form of Duty Entitled Pass Book (DEPB)/Duty Draw Back (DBK). It has also availed, in some cases, incentive under Focus Marketing Scheme (FMS) in addition to DEPB/DBK against the export consignment. It was found that the exported FeSi, against which DEPB and FMS was availed, was procured from Traders/Suppliers from the local market. Taking into consideration of the fact that the DGFT authorities had already imposed penalty upon the appellant, the penalty imposed on the appellant company is not warranted - Regarding imposition of penalty on the appellant no.2, Director of the appellant company the adjudicating authority observed that Shri Chetan Aggarwala was aware of the fact that no export incentive was availed on FeSi of Bhutanese origin and returned the entire amount of the incentive therefore imposition of penalty is not warranted. The impugned order is modified to the extent and the penalty imposed under Section 114(iii) on the appellant company and appellant no.2, Director of the appellant company are set aside - The penalties imposed under Section 114AA on appellant no.2 are also set aside. Appeal disposed off.
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