9911796707
TMI Blog2014 (5) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... goods with option to redeem the said goods on payment of the redemption fine of Rs.10.00 Crores under Section 125 of the Customs Act, 1962 and by M/s. Caparo Engineering India Ltd. for waiver of penalty of Rs.1.00 Crore imposed on them under Section 112(b) of the Customs Act, 1962. 2. Brief facts of the case are that M/s. Tata Motors Ltd. imported dies and fixtures against the EPCG licence No.0330020330 dt.12.06.2008 and EPCG licence No.0330021693 dt.24.10.2008 claiming benefit of concessional rate under Notification No.64/2008-Cus dated 09.05.2008. It appeared from the investigations conducted by the officers of DRI that the said dies and fixtures were removed at the premises of M/s.Caparo Engineernig India Ltd. as per letter of intent d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvoices/packing list. Ld. Advocate has submitted Chartered Accountants Certificate certifying the fulfillment of export obligation against the impugned EPCG licences issued to M/s.Tata Motors Ltd. It is further submitted that in pursuance to the request letter dated 19.11.2013 of the M/s.Tata Motors Ltd., EPCG Committee vide minutes dated 03.01.2014 had allowed the endorsement of supporting manufacturer i.e. M/s. Caparo Engineering India Ltd. in EPCG authorization with retrospective effect i.e. 01.10.2008. In view of these facts it is submitted that the imported goods are not confiscable and that benefit of customs Notification No.64/2008-CUS to the goods imported against the EPCG licences issued to M/s.Tata Motors Ltd. is admissible. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. After hearing both sides for some times, we find that the Appeals can be finally disposed of at this stage and therefore with the consent of both sides we take up the Appeals for their final disposal. We find that the Ld. Advocate for the Appellants have produced the various evidences showing that the EPCG licences have been amended with the retrospective effect and the name of M/s.Caparo Engineering India Ltd. has been included in the EPCG licences as supporting manufacturer with the retrospective effect. The Appellants have further produced the Chartered Engineers Certificate to the effect that the imported dies and fixtures have been installed in the premises of a supporting manufacturer and that the export obligations stipulated in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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