TMI Blog2011 (3) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals are filed by M/s Onkar International Pvt. Ltd. against the order of demand of duty along with interest and imposing penalty and two appeals are filed by Shri Jayant Malhotra and Shri A.K. Gupta against imposition of penalty under Section 114A of the Customs Act, 1962. 2. The brief facts of the case are that the Appellant M/s Onkar International Pvt. Ltd. imported cars under EPCG Scheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants for violation of the Foreign Trade Regulation Rules which was adjudicated and demands were confirmed against the main appellant and penalties were imposed on appellants as well as the co appellants. Aggrieved from the said order, the appellants are before us. 3. Ld. Advocate for the appellant submits that after the fulfilment of export obligation, the appellant submits the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r EPCG Scheme. Hence the proceedings under the impugned Show Cause Notice are to be quashed. As the EPCG licence were issued correctly and the appellants have discharged the export obligation also correctly. To support his contention he placed reliance on Air Travel Bureau Ltd. vs. CC reported in 2010 (260) ELT 78 (Del.). 4. On the other hand, ld. DR reiterated the impugned order. 5. Heard a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion imposed in the said licence by DGFT. DGFT redeemed the licence and has taken a view that the assessee has fulfilled their export obligation. No doubt the opinion of the DGFT would not be conclusive and any such certificate cannot stop the power of the authority to reopen even a concluded matter, if it is shown that the such conclusion was vitiated by fraud, concealment of facts or misrepresen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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