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TMI Blog2004 (6) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant s premises on 25-11-2002 and on scrutiny of the records, they found that the appellants were issued an EPCG Licence No. 07500381, dated 19-11-99 by the JDGFT, Bangalore for import of capital goods of CIF value of Rs. 1,08,89,667/- for manufacturer and export of ready-made garments. The Licence was used to import capital goods and spares by availing exemption under Notification No. 29/97-Cus., dated 1-4-97 as amended. The appellants had imported capital goods valued at Rs. 32,83,791/- within the stipulated period of two years from the date of issue of licence while during the entire period of export obligation, they were required to import goods for a minimum value of Rs. 1 crore within two years from the date of issue of licence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eem the goods on payment of fine of Rs. 10,000/- for the machines seized from their custody. He confirmed the duty demand and interest and imposed penalty of Rs. 2 lakhs on M/s. Pierre Colsun Inc. and penalty of Rs. 75,000/- on Shri Suraj Mohan Munglani, Managing Director of M/s. Pierre Colsun Inc. under Section 112 of the Customs Act, 1962. 3. The learned Advocate pleaded that the Licence No. 75000381 was issued to the appellants on 19-11-99 under 0 duty EPCG Scheme and they cleared the goods imported under said licence under Bill of Entry Nos. 3456 and 3457 both dated 27-11-99 and Bill of Entry No. 52414, dated 29-11-99. Three installation certificates dated 15-2-2001 issued by the Chartered Engineers and Chartered Accountants were file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleaded that since licence has been permitted to be amended from 0 duty to 10% duty under EPCG Scheme, therefore the order of the Commissioner requires to be set aside and the case to be sent back for re-adjudication. He relied on the decision of Mumbai Bench CESTAT in Order No. CI/2416, 2417/WZB/2003, dated 28-10-2003 and also in Order Nos. CI/3092 to 3095/WZB/2003, dated 9-12-2003 where the cases were remanded back on identical situation. 4. Shri P.M. Saleem, learned SDR appearing for the Revenue pleaded that the case has been correctly decided by the Commissioner as there was no 10% duty licence under EPCG Scheme available with the appellants till the adjudication has taken place. Therefore, the order of the Commissioner is correct in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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