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2018 (4) TMI 784

: - the appellant imported duty free gold with a condition that same will be used in the manufacture of jewellery for export. The export of jewellery and foreign exchange realization on such export are crucial for fulfillment of obligation s of duty free import. - The appellant in fact is the Bank who arranged the foreign exchange remittance - gold imported has been put to use for intended purpose i.e. manufacture of jewellery and thereafter duly disposed of with permission from competent Development Commissioner - The Development Commissioner apparently on consideration of condition and restriction imposed on appellant allowed such clearance to DTA. That being the case, there is no question of duty liability on the imported gold on the .....

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held that the appellant violated the import conditions and did not produce the certificate of export of finished jewellery and realization of foreign exchange on such export. Accordingly, the appellant were held liable for payment of duty foregone and also the penalty. Accordingly, the original authority confirmed the Customs duty demand of ₹ 4,26,67,051/- along with equal amount of penalty under section 114A of the Customs Act, 1962. He also ordered confiscation of imported gold bars. He further imposed the redemption fine of ₹ 50,00,000/ -. 3. Learned Counsel appearing for the appellant submitted that the imported gold bars were duly accounted for and supplied to the jewellery maker who is a 100% EOU. The gold bars were duly a .....

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t Development Commissioner to DTA on realization of foreign exchange. Such disposal of jewellery in DTA is within the policy provisions of Foreign Trade Policy, 200 9 - 2014. As such, conditions for import of gold bars have been duly fulfilled by the appellant as nominated agency. 4. Learned Counsel strongly contested the present proceedings on limitation. He submitted that the proceedings against EOU in 2014 itself was initiated based on details and other particulars provided by the appellant only. There is no malafide on the part of the appellant and they have filed the due returns and being a Government owned public sector undertaking bank, there is no malafide motive in their action. 5. Learned D R stated that proceedings against EOU an .....

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The Development Commissioner apparently on consideration of condition and restriction imposed on appellant allowed such clearance to DTA. That being the case, there is no question of duty liability on the imported gold on the appellant. EOU are otherwise also eligible for duty free procurement of inputs. C/50068/2018 6 I n the present case, such duty free procurement of gold bars have been effected from another policy concession available to the appellant. In view of these facts and circumstances, we find that Customs duty liability cannot be fastened on the appellant as gold has been supplied for intended purpose and after manufacture, duly disposed of, with the approval of competent authorities. 8. In view of the above facts and circumst .....

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