9911796707
TMI Blog2024 (12) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... rization for the import of goods under Notification No.97/2004--Cus. dated 17.09.2004. In the same order, the Adjudicating Authority has demanded Customs duty of Rs.1,13,36,651/-- and interest and ordered confiscation of the capital goods in terms of Section 111 (o) of the Customs Act, 1962, giving option of redemption on the payment of redemption fine of Rs.10 lakhs. Penalty under Section 112 (a) ibid was also imposed. 2. Heard Ms. Swetha R.S., Ld. Advocate for the Appellant and Smt. O.M. Reena, Ld. Additional Commissioner for the Respondent. 3. Ms. Swetha, Ld. Advocate would submit, without disputing the facts, that the appellant chose to avail the benefit of Amnesty Scheme by Public Notice No.2/2023 [F.No.18/15/AM--23/P--5] dated 01.04 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... those authorizations whose Export Obligation Period (original or extended) was valid beyond 12-8-2013. (II) The Scheme i. The scheme is called "Amnesty scheme for one time settlement of default in export obligation by Advance and IEPCG authorization holders" ii. All pending cases of the default in meeting Export Obligation (EO) of authorizations mentioned in para (l) above can be regularised by the authorisation holder on payment of all customs duties that were exempted in proportion to unfulfilled Export Obligation and interest at the rate of 100% of such duties exempted. However, no interest is payable on the portion of Additional Customs Duty and Special Additional Customs Duty. iii. .... iv. .... v. If there is partial defa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the above pleadings of the Ld. Advocate and upon consideration of the requirements of Public Notice No.2 (supra), we find that the Authority being satisfied with the remittance of duty and interest as per the Amnesty Scheme, has issued closure letter. Hence, there is no scope to confirm the penalty which is imposed on an alleged violation. Though Ld. Advocate has disputed leviability of penalty under Section 112 (a) ibid since the violation here is of EPCG scheme, for the reasons which were beyond the reach of the appellant but, however, we find that the whole Amnesty Scheme does not specify anything about the penalty and hence, it is possible that any violation insofar as the non-fulfilment of export obligation is concerned, is not view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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