TMI Blog2003 (11) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... K.A. Mishra, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. The appellant M/s. Bhomika International Ltd. is a 100% Export-Oriented Unit (EOU) engaged in the manufacture of cotton knitted fabrics. It is obliged under law to export the goods manufactured by it, except for the quantities allowed to be sold, upon payment of duty, in the domestic market. During the period 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Shri Sharma challenge these orders. 3. It is the submission of the learned Consultant appearing for the appellant EOU that even if it is held that the appellant is liable to pay duty on the goods cleared (and not brought back) for processing, it only renders the appellant liable to pay duty on the goods so cleared to the domestic market and there is no justification for the confiscation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of duty, heavy penalty is called for. She has also contended that the correct amount of duty is Rs. 9,23,492/- and not Rs. 7,37,665/- computed by the appellant. The ld. Consultant has submitted that the appellant does not want to contest the revised duty calculation made by the Revenue. 5. We have perused the records and have considered the submissions made by both sides. Since it is the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut by the Revenue is Rs. 9,23,492/-. This amount is not being contested. Therefore, the duty amount of Rs. 9,23,492/- is confirmed. 7. From the facts of the case, it is clear that the appellant has deliberately violated the provisions relating to EOUs, inasmuch as goods cleared for processing were not brought back and exported. Since the goods were not available with the processor also, this has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals are ordered as under : (I) Appeal No. E/405/02-NBA of M/s. Bhomika International. (i) Duty demand is reduced to Rs. 9,23,492/-. (ii) Penalty is reduced to Rs. 2.5 lakhs. (iii) Confiscation of fabrics and other items is set aside. (II) Appeal No. E/406/02-NBA of Shri Basant Sen Sharma Penalty imposed is set aside and the appeal is allowed. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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