TMI Blog2017 (3) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... ications. This has apparently not been borne in mind while imposing the penalties that were upheld in the impugned order. Likewise, the penalty on the Managing Director is equally harsh and must be tempered - Any offence relating to misuse of the imported goods is regularised by confiscation and release of confiscated redemption fine. The non-availability of the imported goods renders this impossible requiring recourse to the penalties for appropriate corrective - matter is remanded back to the original authority for reconsideration of the charging of interest and imposition of penalty - appeal allowed by way of remand. - C/1320 & 1321/2006 - A/86137-86138/17/SMB - Dated:- 4-11-2016 - Shri C J Mathew, Member (Technical) Shri Bharat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s there- was no stock of imported material even though the licence period had expired on 23 rd October 1994. 4. Another 10.3 MT of 'sodium cyanide' valued at ₹ 333817 had been imported against bill of entry no. 6545/17.11.93 and cleared at concessional duty as per notification no. 64/79-Cus dated 7 th March 1979 in accordance with which 'D(-) phenyl glycin was to be manufactured but, instead, two metric tons were used for manufacture of 'ethyl cyano acetato' for which concessional rate of duty was not available. The demand was, therefore, crystallised at ₹ 5,02,770/- on the imported material used in goods that were sold domestically and ₹ 43,873/- on the imported material used for manufacture of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny offence relating to misuse of the imported goods is regularised by confiscation and release of confiscated redemption fine. The non-availability of the imported goods renders this impossible requiring recourse to the penalties for appropriate corrective. Normally, such diversion to uses that are not permitted are a consequence of the premium commanded in the domestic market for such imported inputs. The appellants have explained that the export market had collapsed and the limited shelf-life compelled alternative utilisation. The inputs that were put to ineligible use has been subjected to duty levies. The perilous state of existence of the appellant-importer is also a matter of record. The penalty should have been of such magnitude as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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