2005 (11) TMI 265 - AT - Customs

EPCG scheme - Global Economic crisis penalty interest and redemption fine non-fulfillment of export obligation - penalty and interest is not leviable in similar cases where the export obligation could not be fulfilled due to Global Economic crisis - set aside the penalties interest and fine

Summary

Issues:
1. Failure to fulfill export obligation under EPCG license.
2. Imposition of penalty, interest, and fine for non-compliance.
3. Applicability of cited judgments in setting aside penalties.

Detailed Analysis:
1. The appeals arose from a common order passed by the Commissioner of Customs, alleging the failure of the appellants to meet their export obligation under an EPCG license issued by DGFT. The appellants imported Capital Goods but exported only 7% of the obligation by the specified deadline. Despite efforts to extend the period, the DGFT did not grant an extension. The appellants admitted their liability before the Settlement Commission, which directed them to pre-deposit duty liability. However, they failed to comply, leading to the confirmation of duties, penalties, and confiscation of imported goods.

2. The appellants contended that they had deposited the differential duty and sought to set aside the interest, penalty, and redemption fine. They argued that the notification did not provide for confirming interest. Citing various judgments, they claimed that penalties should be waived if extenuating factors hindered export obligations fulfillment. Reasons for non-compliance included the removal of trade barriers, market opening, economic crises in neighboring countries, and currency devaluation. The appellants' products became uncompetitive, affecting their ability to fulfill obligations within the stipulated time.

3. The learned JDR defended the order, advocating for retaining the fine, penalty, and interest. Upon careful consideration, the Tribunal noted that in similar cases affected by the Global Economic crisis, penalties, interest, and fines were not levied. Citing the precedents, the Tribunal allowed the appellants' prayer to set aside the penalties, interest, and fine, aligning with the judgments' decisions on the issue. The fine, penalty, and interest were consequently set aside based on the cited judgments, emphasizing the impact of economic crises on export obligations fulfillment.