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TMI Blog2014 (11) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... uperintendent (AR) ORDER Per : S.K. MOHANTY Being aggrieved with the impugned order dated 17.10.2013 passed by the learned Commissioner (Appeals), Customs House, Cochin; the appellant had preferred an appeal along with stay application before this Tribunal. 2. The brief facts of the case are that the appellant was issued with the Advance License from the office of the Joint Director General o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia that they failed to achieve the Export Obligation due to slackness in demand for the finished product owing to Chinese competition and also due to global economic recession. He further stated that the appellant-company was placed under liquidation following the order dated 10.01.2011 of the Hon'ble High Court of Kerala in C.P. No. 23/10 and the Official Liquidator has taken over the assets ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed the case records. It is an admitted fact that the appellant had failed to fulfill the conditions enumerated in the Notification No. 93/2004 - Cus. dated 10.09.2004 regarding achievement of the export obligation. Thus, as per the declaration furnished in the executed bond, the authorities below have rightly confirmed the foregone duty demand along with interest. Further, during the appeal proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is under liquidation would be able to pay duty and applicable interest for redemption/closure of the Advance Authorisation. To this Shri Kondody replies that the company had assets and the official liquidator would like the case to be closed by making payments. In view of the admittance of Customs duty liability and payment of the same as stated before the Appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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