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M/s. Indore CNC Pvt. Ltd Versus Commissioner of Customs Cochin-CUS.

2018 (2) TMI 959 - CESTAT, BANGALORE

Concessional rate of duty - N/N. 97/04 dated 17.9.2004 - non-fulfillment of condition of Notification to earn foreign exchange within eight years from the date of issue of license - Held that: - admittedly, in the present case, the appellant has not .....

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llant. - C/20918/2017-SM - 23317 / 2017 - Dated:- 29-12-2017 - SHRI S.S GARG, JUDICIAL MEMBER Mr. R MANOHARAN, Advocate & Mr. Ramkumar, Advocate, For the Appellant Mr. Mathupsaran, AR, For the Respondent Per : S.S GARG The present appeal is direc .....

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ll of Entry No.155937 dated 26/02/2005 at concessional rate of duty as per Notification No.97/04 dated 17.9.2004 under EPCG License No.1130000407 dated 9.2.2005 issued by the JDGFT, Bhopal wherein the total duty foregone as per license was ₹ 9, .....

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rs from the date of issue of license, the original authority confirmed the duty amount of ₹ 9,41,061/- with applicable interest vide Order No.76/2016 dated 28.12.2016. Aggrieved by the order passed by the Original Authority confirming the duty, .....

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able in law as the same has been passed without considering the facts and the law properly. He further submitted that the appellants have furnished the relevant export documents to JDGFT, Bhopal on 5.1.2013 but they did not get any response from the .....

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nstallation certificate or non-production of export obligation certificate. 5. On the other hand, the learned AR defended the impugned order and submitted that till date the appellant has not been able to submit the EODC from the licensing authority. .....

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