9911796707
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Issues:
1. Duty liability calculation based on export obligation fulfillment. 2. Justification for imposing penalties. 3. Application of tariff rates and duty exemptions. 4. Allegations of willful non-compliance. 5. Demand for interest and its legality. 6. Excessive redemption fine imposition. Duty Liability Calculation: The case involved a dispute regarding the duty liability calculation based on the fulfillment of export obligations. The appellant argued that 60% of the export obligation had been fulfilled, which should have been considered in determining the duty liability. The Tribunal found merit in this argument, citing an amendment to Notification No. 160/92 with retrospective effect, and remanded the matter for re-quantification of duty liability by taking into account the export obligation already fulfilled and the effective rate of Customs duty. Justification for Penalties: The appellant contended that penalties should not be imposed, especially considering the company's declaration as sick and ongoing BIFR proceedings. The Tribunal agreed, setting aside the order of confiscation, redemption fine, and penalties. It found no justification for holding the goods liable for confiscation under Section 111(o) or imposing penalties, as there was no willful violation of conditions. Application of Tariff Rates and Duty Exemptions: The case also involved a discussion on the application of tariff rates and duty exemptions. The appellant argued that the goods imported did not merit duty at the tariff rate of 65% as they were covered by a notification reducing the effective rate of duty to 25%. The Tribunal noted the failure of the Adjudicating authority to apply this provision and directed a re-evaluation of the duty calculation based on the correct tariff rates. Allegations of Willful Non-Compliance: The appellant challenged the allegations of willful non-compliance with the notification conditions, arguing that there was no intention to gain financial benefit without completing the export obligation. Citing a previous Tribunal decision, the appellant contended that confiscation under Section 111(o) was not sustainable without clear allegations of willful misconduct. The Tribunal agreed and set aside the order of confiscation. Demand for Interest: Regarding the demand for interest at 24%, the Tribunal found that there was no provision in the relevant notification for imposing interest. It set aside the demand for interest, noting that the Adjudicating authority lacked jurisdiction to demand interest chargeable under the Exim Policy. The Tribunal deemed the demand for interest as wholly without jurisdiction and excessive. Excessive Redemption Fine Imposition: The Tribunal also addressed the issue of the redemption fine, deeming it highly excessive and arbitrary. Consequently, the Tribunal set aside the redemption fine imposition, along with penalties and interest demands, and remanded the matter for re-quantification of duty liability based on fulfilled export obligations and correct tariff rates.
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