2003 (10) TMI 151 - AT - Customs

Summary

Issues: Liability of appellants to pay penalty and interest under Section 112 of the Customs Act

Analysis:
1. The appeal was filed against the impugned order-in-original regarding the liability of the appellants to pay penalty and interest under Section 112 of the Customs Act.
2. The appellants imported inputs under an Advance Licence and availed duty exemption under Notification No. 82/95 but failed to fulfill the export obligation, leading to payment of the entire duty amount upon demand.
3. The adjudicating authority imposed a penalty under Section 112(a) for violation of Section 111(o) without specifying the provision of the Act or Notification under which the penalty was ordered.
4. The main contention was that confiscation of goods was not warranted for breach of export obligation, and the penalty and interest imposed were not justified as the duty liability had been discharged.
5. Referring to a previous case, it was established that in similar circumstances, the penalty under Section 112(a) was not applicable when the duty liability had been fulfilled despite the breach of export obligation.
6. The exemption Notification No. 82/95 did not provide for confiscation of goods or penalties in case of export obligation breach, only requiring payment of duty leviable on the goods, which the appellants had already paid.
7. Therefore, the imposition of penalty and interest on the appellants was deemed unsustainable, and the impugned order was set aside.
8. The appeal of the appellants was allowed, with any consequential relief permissible under the law granted.