TMI Blog2018 (1) TMI 1474X X X X Extracts X X X X X X X X Extracts X X X X ..... her five years and during the extended period the appellant has fulfilled its obligation and was declared as the positive NFEP earner. To this effect necessary certificate was issued by the Development Commissioner, Noida which was neither rebutted nor contravened by the departmental authority. Hence, in this regard the finding in the impugned order appears reasonable - decided against Revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en terry towel. The Ministry of Industry under the EOU has allowed 100% EOU export during the period of 1997-2002. The appellant has exported the towel for 1290217 kgs. against export obligation of 378000 of the terry towel. So. the benefit was not allowed. However, the Development Commissioner has extended the period for another five years w.e.f. 1-4-2002 to 31-3-2007 to achieve the target @ 98.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is the submission of the Ld. Counsel that the department has not raised any objection on the said order. So, the demand for issuing the show cause notice is not desirable. Regarding penalty, he submits that the appellant has fulfilled the obligation and there was no intention to evade payment of duty. 5. On the other hand, Ld. AR appearing for the Revenue has justified the impugned order. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant has not deposited the duty and penalty. They have not contested the amount of duty which was paid on the raw material. Hence, in the circumstances, the penalty appears reasonable. So, the appeal filed by the assessee is dismissed. Therefore, we sustain the impugned order along with the reasons mentioned therein. 9. In the result, both the appeals are dismissed. (Dictated and pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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