9911796707
TMI Blog2006 (10) TMI 370X X X X Extracts X X X X X X X X Extracts X X X X ..... EPCG Licence dated 18-8-1994 and two Steinex machines of CIF value of Rs. 12,22,286.50 vide Bill of Entry dated 5-9-1995 under EPCG Licence dated 5-12-1994. Exemption was claimed under Notification 160/92-Cus., dated 20-4-1992. Revenue proceeded against the appellants on the ground that they had failed to fulfill the export obligation in respect of both the licences. The Commissioner, in the impugned order, held that the Capital Goods imported under both the licenses are liable for confiscation under Section 111(o) of the Customs Act, 1962. However, he imposed a redemption fine of Rs. 3,00,000/- under Section 125 of the Customs Act. He confirmed the duty demand of Rs. 10,75,337/- in terms of Notification 160/92-Cus., dated 20-4-1992 read wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial duty is paid, the appellants go out of the EPCG scheme and confiscation of the goods under 111(o) of the Customs Act, 1962 cannot be sustained. Hence, we set aside the order of confiscation and imposition of fine and penalty. It should be appreciated that due to recession in the International market, the appellants could not fulfill the export obligations. When the appellants are suffering financially for no fault of theirs, it would be harsh to penalize them for circumstances beyond their control. 6.1 With regard to giving benefit to the appellants for partial fulfillment of export obligation, it is seen that Notification 160/92-Cus. has not provided any such relief. Therefore, the decision of the Adjudicating Authority in this r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 100000 6. Certificate from SBI dt. 7-9-2004 2-3-2001 100000 Total towards Customs Duty 1075337 7. Challan Redemption fine under protest 1-9-2004 300000 TOTAL 1375337 6.2 We are of the opinion that the amounts already paid by the appellants have to be adjusted against the differential duty after proper scrutiny. The letters from JDGFT also indicate that the Bank Guarantees encashed are to be adjusted towards customs duty. However, we remand the matter to the Adjudicating Authority for scrutiny of the evidences produced by the appellants and adjust the payments already made towards the differential duty demanded. Any amount which is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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