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2016 (1) TMI 1048 - CESTAT MUMBAI

2016 (1) TMI 1048 - CESTAT MUMBAI - TMI - Demand of duty with interest against where appellant imported capital goods under EPCG license, however failed to fulfill the export obligations. - Held that:- In view of the undisputed position, we are of the considered view that demand confirmed, upheld and encased through bank guarantee is legal and proper and the same is maintained. As regard the interest, the Adjudicating Authority is directed to verify the rate of interest applicable during the per .....

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/05 dated 10/10/2006 passed by the Commissioner of Customs (Appeals), Mumbai-I wherein Ld. Commissioner (Appeals) upheld the Order-in-Original No. S/10-EPCG-01/2005 dated 30/11/2005 passed by Asstt. Commissioner of Customs (EP), Mumbai and rejected the appeal filed by the appellant. 2. The fact of the case is that the appellant M/s. Artek Organic Industries Ltd. was issued a EPCG License No. 03500235 dated 6/9/1996 by DGFT under exim Policy 1992-97 for import of capital goods valuing ₹ 2,4 .....

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nt of duty saved. Again reminder letter dated 17/7/2003 was also issued to the appellants. Failure on the part of the appellant to reply the Show Cause notice, the bank guarantee submitted for the duty saved amount of ₹ 58,48,000/- was encased on 14/2/2005 vide Cash No. 267 towards duty saved. The Original Authority in the impugned order had confirmed the demand of duty foregone with interest and encased the bank guarantee and confirmed the demand of ₹ 1,17,97,068/- and interest @ 24 .....

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any. 3.1 No argument on merit was made on behalf of the appellant. 4. On the other hand, Shri M.K. Sarangi, Ld. Dy. Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 5. We have considered the submissions and perused the record. We find that as regard the demand of Custom duty confirmed by the Original Authority and upheld by the First Appellate Authority is not under dispute for the reason that it is admitted fact that appellant imported capita .....

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ry exemption was claimed under Notification No. 115/95 however notice indicated clearance of the goods under Exemption Notification 28/97 which is wrong. (d) The interest was demanded @ 24% whereas the show cause notice indicates the interest @ 15%. (e) Appeal is pending before the Addl. DGFT for extension of the export obligations period. Appellate authority ought to have waited till the proceedings of the DGFT are finalized. (i) As regard the hearing intimation, we find that the hearing was ea .....

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nd in our considered view, it is not necessary that specific show cause notice indicating the words forwarded on behalf of the President of India is required to issue therefore the said ground is not tenable. (iii) As regard Bill of Entry wherein exemption was claimed under Notification No. 115/95 however notice indicated clearance of the goods under Exemption Notification 28/97. We find that merely by mentioning wrong notification i.e 28/97 the appellant could not be exonerated from fulfilling .....

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