TMI Blog2015 (4) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... as been more-than fair in reducing the penalty to nearly 1/10 of the original penalty. There is no scope of the penalty being reduced any further by this Court. - Decided against assessee. - Custom Appeal Defective No. - 18 of 2015, Custom Appeal Defective No. - 19 of 2015 - - - Dated:- 8-4-2015 - Hon'ble Arun Tandon And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : Nishant Mishra, S. D. Singh For the Respondent : Amit Mahajan, Sr. S.C.Ce,Ramesh Chandra Shukla ORDER Heard Sri Nishant Mishra, learned counsel for the appellant and Sri Ramesh Chandra Shukla, learned counsel for the respondents. The assessee before this Court namely Dhampur Sugar Mills Limited is a manufacturer and exporter of sugar. It ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment of Revenue, Ministry of Finance had already approved the adjustment of aforesaid quantity of 2496MT of sugar against the aforesaid release orders issued subsequently. Similar adjustment of quantity exported prior to issuance of release order has been allowed in favour M/s Simbholi Sugar Mill. It was therefore, their case that there was no violation of any provision by them, in the matter of satisfaction of the export obligation against 'Advance License Scheme'. Therefore, it was suggested that the export of 2496MT of sugar be allowed by the Directorate of Sugar and the matter be treated as closed. The authority found that as per licensing Note 1 of Chapter 17 of Schedule 2 to the Export Policy under Foreign Trade Policy 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 114(i) of the Customs Act. Another penalty of rupees one crore was also imposed under Section 114(AA) of the Customs Act. A penalty of ₹ 10 lacs was imposed on Shri Mukul Sharma under Section 114(i) of the Customs Act, while a penalty of like amount was imposed on Shri Mukul Sharma under Section 114(AA) of the Customs Act, 1962. Not being satisfied with the order of the Assessing Authority the assessee and Shri Mukul Sharma preferred an appeal before the Custom Excise and Service Tax Appellate Tribunal being Customs Appeal Nos.60023 of 2013-CU(DB) and 60024 of 2013-CU(DB). Both the appeals have been decided by the Tribunal under a common judgment. The Tribunal has held that the assessing has violated Section 125 Customs Act b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in to grain basis' was applicable in the matter of export of the sugar manufactured from the raw material imported under the 'Advance Authorization' issued in the year 2005 and the policy of 'ton to ton basis' would not apply in the matter, which became applicable only w.e.f 17.2.2009, for a period upto 30.9.2009. We may record that the Tribunal under the order impugned has recorded a specific finding that the entire raw sugar imported by the petitioner had been utilized upto the year 2006 and that the assessee affected the export of 2496 MT of sugar in the year 2010. Therefore, it was writ large on the record that the raw material which was imported by the petitioner under the 'Advance Authorization' was not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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