9911796707
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Issues:
1. Waiver of pre-deposit of duty and penalty sought by the appellants. 2. Allegations of diversion of goods into the domestic market. 3. Commissioner's conclusion based on false declaration and lack of information to DGFT. 4. Application of Dolphin Drugs case judgment. 5. Need for remand to the Commissioner for fresh consideration. Analysis: Issue 1 - Waiver of Pre-Deposit: The appellants sought waiver of pre-deposit of duty and penalties totaling Rs. 10,29,481/- along with an additional penalty on the Managing Director. They imported raw materials under the Advance License scheme, used them for manufacturing final products, and subsequently sold them in the domestic market after paying duty. The department alleged a violation of Notification No. 304/97-Cus. The appellants argued compliance with DGFT's extension for export obligations and cited a previous CEGAT judgment (Dolphin Drugs case) to support their case. The Tribunal found merit in the appellants' submission, noting the department's own referral to DGFT and granted waiver of pre-deposit and stayed recovery. Issue 2 - Alleged Diversion of Goods: The Commissioner alleged that the appellants diverted goods into the domestic market without informing DGFT, based on a false declaration. However, the Tribunal found this conclusion unsupported by evidence, as the department itself had referred the matter to DGFT, which granted an extension for export obligations. The Tribunal deemed the Commissioner's inference erroneous and emphasized the need for factual accuracy before drawing conclusions. Issue 3 - Application of Dolphin Drugs Case Judgment: The Commissioner's reliance on the Dolphin Drugs case judgment was deemed misplaced by the Tribunal. The Tribunal emphasized that the ratio from the Dolphin Drugs case should be applied without presumption or inference. The Tribunal highlighted the need for a factual basis for conclusions and criticized the Commissioner for deviating from the Dolphin Drugs case precedent without proper justification. Issue 4 - Remand for Fresh Consideration: Considering the factual discrepancies and errors in the Commissioner's order, the Tribunal set aside the impugned order and remanded the matter for fresh consideration. The Tribunal directed the Commissioner to reevaluate the case without contradicting the Dolphin Drugs case judgment and to provide the appellants with a fair hearing. The Tribunal stressed the importance of adhering to legal precedents and ensuring factual accuracy in decision-making. In conclusion, the Tribunal granted the appellants' request for waiver of pre-deposit, criticized the Commissioner's flawed conclusions, emphasized adherence to legal precedents, and ordered a remand for a fresh consideration of the case.
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