TMI Blog2005 (11) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... et aside the penalties, interest and fine - C/14-16/2003 - 1991-1993/2005 - Dated:- 25-11-2005 - Dr. S.L. Peeran, Member (J) and Shri T.K. Jayaraman, Member (T) REPRESENTED BY : Shri S. Murugappan, Advocate, for the Appellant. Shri K. Sambi Reddy, JDR, for the Respondent. [Order per : S.L. Peeran, Member (J)]. - All these appeals arise from a common O-I-O No. 366/2002, da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had filed an application before the Settlement Commission admitting their liability and the Settlement Commission, by their order No. 50A/2001, dated 4-10-2001, directed them to pre-deposit the duty liability in six installments. They had failed to comply with the said terms and hence, proceedings were initiated and the duties and penalties have been confirmed. The imported goods were also confisc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tri.-Kolkata) (v) Meirs Pharma (India) Pvt. Ltd. v. CC, Chennai - 2004 (167) E.L.T. 53 (Tri.-Chennai) (vi) Dyna Lamps Glass Works Ltd. v. CC, Chennai - 2003 (157) E.L.T. 73 (Tri.-Chennai) (vii) Fal Industries Ltd. v. CC, Chennai - 2003 (159) E.L.T. 215 (Tri.-Chennai) It is contended by the Learned Counsel that in terms of the above cited judgments, the Tribunal has been pleased ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellants' products became uncompetitive. Therefore, in spite of their best efforts, they could not find suitable markets or orders for exporting their goods and, therefore, this resulted in non-compliance of the export obligation within the time stipulated. The learned Counsel submits that in view of the cited judgments, the penalty, interest and fine should be set aside. 3.The learned JDR d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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