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TMI Blog2017 (10) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... ER [ Order Per : M. V. Ravindran ] When these appeals were called out, none appeared on behalf of the appellant nor there is any request for adjournment. On perusal of the records, it is noticed that the matter came up before the bench on 7th June and was adjourned for disposal today with a notice to the appellant. It seems that the appellant does not want to represent this matter before the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents to show that they have complied with the conditions of the notification wherein he had imported capital goods on which customs duty was foregone. In the absence of any documents even before the Tribunal to indicate that they have complied with the obligation of export, I find that the impugned order of the 1st Appellate Authority is correct. The findings of the 1st Appellate Authority are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time had compelled them to stop business operations and that they did not intend to evade duty. It is noted from records that the appellant had raised the same grounds before the original authority which were not considered relevant by original authority. The basis of the demand being the failure of the appellant to achieve export obligations required to fulfill the conditions prescribed for exemp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of DSJ Communications Vs UOl reported in 2014 (309) E.L.T. 230 (Del.)on a similar issue has held that 'losses or profits made by entrepreneur or its business plans going awry, cannot be ground for availing duty exemption/ concession; that on business plans going awry, importer cannot plead that it was impossible for them to perform export obligation; that even assuming that failur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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