TMI Blog2007 (12) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... ed after giving the benefit of depreciation - Moreover, the domestic sale without taking the approval of the Development Comm. does not appear a very serious offence – Penalty reduced & original authority is directed to recompute duty liability - C/355/2005 - 1408/2007 - Dated:- 10-12-2007 - Dr. S.L. Peeran, Member (T) and Shri T.K. Jayaraman, Member (T) [Order per : T.K. Jayaraman, Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recovery of duty foregone in respect of the various items procured by the appellant free of Customs and Central Excise duty. The Commissioner confirmed duty demand of Rs.1,54,45,991/- being the Customs duty chargeable on the imported capital goods that raw material consumable under the provisions of Notification 53/97-Cus. dated 3-6-97 read with 52/2003-Cus. dated 31-3-2003 has amended read with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 25 of the Central Excise Rules, 2002. The appellants are aggrieved over the impugned order. Hence, they have come before this Tribunal for relief. 3. Mr. Ramesh Ananthan, learned Advocate, appeared on behalf of the appellant and Shri R.P. Raheja, learned JCDR, for the Revenue. - 4. We heard both sides. It is seen that the appellant imported capital goods/raw materials etc. free of dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obligation and also violations of the relevant Customs and Central Excise Notification. However, we find that the entire duty had been demanded on the capital goods/raw materials imported and indigenously produced. The appellant had fulfilled partially the export obligation. Moreover, while computing the duty no benefit of depreciation has been given. In these circumstances the duty computation is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking the approval of the Development Commissioner does not appear to be a very serious offence deserving harsh penalty. The Development Commissioner had already imposed a penalty of Rs.5000/-. Hence no further penalty is warranted from the appellant in these circumstances of the case. Hence, we remand the matter for re-computation of the duty liability by keeping our above observation in mind. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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