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TMI Blog2008 (7) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... Chacko, Member (J)]. - One of these appeals is by a company and the other by its Managing Director. In the impugned order, the learned Chief Commissioner confirmed demand of duty of Rs. 6,08,649/- with interest against the company in adjudication of a show-cause notice, wherein the company was alleged to have failed to discharge export obligation under the DEEC scheme in relation to copper wire ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods in the domestic market, having failed to obtain alternative purchase orders from abroad. The quantity of copper consumed in the manufacture of such cables was estimated at 9.78 MTs. It was in respect of this quantity of copper that the learned Chief Commissioner denied the benefit of the above notification and confirmed the demand of duty. It is noted that this amount of duty was paid before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing export obligation under the DEEC licence in relation to the copper wire imported by them have not been properly appreciated by the learned Chief Commissioner in the context of imposing penalties on them. In their reply to the show-cause notice, they stated the aforesaid circumstances, the veracity of which has not been doubted in the impugned order. In the case of Aviquipo of India Ltd. (supra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the party by the Commissioner of Customs.
5. Having found striking similarity between the instant case and the cited cases, we are of the view that the penalties on the company and its Managing Director are liable to be vacated. It is ordered accordingly. The appeals are allowed with consequential relief if any.
(Dictated and pronounced in open Court) X X X X Extracts X X X X X X X X Extracts X X X X
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