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TMI Blog2010 (9) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... aterials imported free of duty by the appellant - Held that: - note of the OIO No.66/2002-03, dt.17.3.03 passed by Development Commissioner, vacating the show cause notice, by arriving at a finding that inspite of the difficulties being faced by the appellant in international market, they have been able to achieve 192 % value addition in export - dropped the penal action against the appellant - re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The demand in the present case stand confirmed in the year 1994-1995, on the ground that the appellants have not been able to fulfill their proportionate export obligations. Accordingly, the Commissioner confirmed Customs duty in respect of capital goods and raw materials imported free of duty by the appellant. 3. After going through the impugned order, we find that the main reason for the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the non-fulfillment of condition of export obligation as well as value addition, the Development Commissioner imposed penalty of Rs.1 lakh and also ordered that the unit shall pay due Central Excise and Customs duty as determined by jurisdictional Central Excise and Customs Authorities for the period from 1.7.94 to 31.3.96. 4. Learned advocate has drawn our attention to the agreement entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... much as the same stand challenged by the appellant, we would think it better if the Commissioner awaits the decision of the appellate authority. For coming to the above conclusion, we have also taken note of the OIO No.66/2002-03, dt.17.3.03 passed by Development Commissioner, vacating the show cause notice, by arriving at a finding that inspite of the difficulties being faced by the appellant in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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