9911796707
TMI Blog2017 (1) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant had imported and cleared various goods under EPCG License Number 0530134156 dated 12.05.2003 under the Customs Notification at NIL rte of customs duty and NIL rate of additional duty subject to the condition that the license holder shall fulfill the required export obligation and other conditions. The appellant executed a bond for an amount of Rs. 36,66,000/- plus interest @ 18% per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 112(b)(ii) of the Customs Act,1962. 2. Being aggrieved with the said order the appellant filed the appeal before Commissioner (A) which was disposed of by him by observing as under: "I have carefully gone through the contents of appeal, and oral as well as written submissions. The case of the appellant is that the duty saved amount was Rs. 87,597/- only and not Rs. 36,66,000/- whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do so and paid the amount after the issue of adjudication order. Therefore, the penal action contemplated in the order in original stands, and eminently plausible. The appeal of the party is rejected in above terms." 3. Hence the present appeal. 4. Ld. Advocate appearing for the appellant submits that she is not challenging the confirmation of demand or interest. The only challenge in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the same on account of loss of file pertaining to the license in question.
7. I find that the appellant have already admitted their duty liability and interest and in the absence of any malafide intention of the assessee and by extending the benefit of doubt to them I set aside the penalty imposed upon them.
Appeal is allowed in above terms.
[ Pronounced in the open Court on 17.10.2016 ] X X X X Extracts X X X X X X X X Extracts X X X X
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