TMI Blog2006 (1) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... r use in the Ruia Aquaculture Farms Ltd. set up by the applicants as detailed in Annexure I to the show cause notice. (II) Customs Duty of Rs. 33,87,022/- in respect of imported raw material as detailed in Annexure II to the show cause notice. (III) Central Excise Duty of Rs. 21,57,047/- in respect of indigenously procured capital goods as detailed in Annexure III to the show cause notice. In addition he has imposed penalty of Rs. 63,00,520/- (Rupees sixty - three lakhs five hundred twenty only) under Section 114A of Customs Act. Penalty of Rs. 21,57,047/- (Rupees twenty-one lakhs fifty-seven thousand forty-seven only) (equal to the Central Excise duty demand) and penalty of Rs. 8 lakhs (Rupees eight lakhs only) on Shri Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... activity in their licensed premises and never exported even a single consignment out of India in pursuance to the above terms granted by the Secretariat for Industrial Approvals, Ministry of Industry or Legal Agreement dated 19-11-1992. Inasmuch as, the appellant failed to fulfil their export obligation, investigations were conducted by the Revenue and proceedings initiated for denial of the benefit of notification, under which the capital goods or raw materials were imported free of duty or the capital goods were procured indigenously without payment of duty. Accordingly, notice was issued to them for denial of the benefit and confirmation of demand. 5. During the course of adjudication proceedings the appellant accepted that no exports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards the use of the imported goods stands fulfilled and failure on their part to export the goods should be condoned. 8. After hearing the ld. DR appearing for the Revenue, we find that under the various notifications involved, exemption to specified goods were granted from payment of duty for their use in an integrated aquaculture farms and export of farm products by 100% EOU. Condition 2 of Notification No. 188/93-Cus., dated 27-12-93 is to the following effect the importer uses the goods for the purposes of production of aquaculture products and exports out of India hundred per cent or such other percentage, as may be fixed by the said Board of aquaculture products produced from the goods for a period of 10 years or such extende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final products would require to be exported and earn foreign exchange. The conditions in the notification being post-import condition and being continuing conditions, the benefits of the notification can be denied on non-fulfilment of such condition. As such, though we may have sympathy with the appellant, but we cannot relax the condition of notification and extend the benefit to them. 10. During the course of arguments a query was put to the appellant at to why they have not approached the Development Commissioner for lowering of the percentage of export or for extension of time, he could not give a satisfactory answer and sought time to file written statements. Time was granted to file the submissions by 30-11-2005 however the same ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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