TMI Blog2017 (10) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... in terms of N/N. 93/2004Cus., dated 10/09/2004 has not been achieved as per the FOB value indicated in the Advance Licence - it is evident that M/s Alstone International and M/s V.L. Estates Pvt. Ltd. were the actual importers of the duty free raw material and also filed Bills of Entry for clearance of such goods from the port of import. Since, the Notification dated 10/09/2004 specifies the condition that the importer has to execute the bond, binding himself to pay the duty on account of imported goods, in the eventuality, the export obligation has not been achieved - proceedings can only be initiated against the importer of the goods, who has executed the bond before the customs authorities. In the present case, the appellant and M/s V.L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the licence holders. Since, the export obligation was not achieved within the stipulated time frame, the department proceeded against the present appellant for confirmation of duty demand. The matter was adjudicated vide order dated 05.03.2014, wherein the Deputy Commissioner of Customs has confirmed the duty demand of ₹ 2,35,00,000/- along with interest for nonfulfillment of the export obligation with regard to the resultant product name by, Aluminum composite panels. Besides, penalty of ₹ 10 Lacs was also imposed under Section 112 of the Customs Act, 1962. On appeal, the Ld. Commissioner (Appeals) vide the impugned order dated 19/06/2015 has upheld the adjudication order. Hence, the present appeal is before the Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the exemption contained therein, on the imported materials. 7. On perusal of the advance licence dated 23/11/2006, we find that the same was issued in favour of the appellant with the endorsement of the name of V.L. Estates Pvt. Ltd. as the supporting manufacturer. Subsequently, the said licence was amended on 25/01/2007 and 04/01/2008, incorporating the names of M/s V.L. Estates Pvt. Ltd. and Alstone International as the co-authorization holder. It is an admitted fact on record that the export obligation in terms of Notification No. 93/2004Cus., dated 10/09/2004 has not been achieved as per the FOB value indicated in the Advance Licence. We find that for nonfulfillment of export obligation, the DGFT has initiated show cause proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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