9911796707
TMI Blog2012 (9) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... n the order-in-original that the goods imported for fulfilling the export obligation had been diverted for some other purposes. In the absence of any evidence that the appellants had diverted duty free import for any other purposes for fulfilling the export obligation - penalty under Section 112 of Customs Act reduced - C/334/2006 - C/139/2010(PB) - Dated:- 23-9-2010 - S/Shri M.V. Ravindran, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be cleared under the export licence, issued a show cause notice to the appellants demanding the duty foregone by the Revenue on the quantity of brass scrap unutilized for the purpose of export obligation. The appellants contested the show cause notice on various grounds and also on the ground that they have completed the value wise export obligation. After following the principles of natural jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for appropriation of amount of Rs. 6 lakhs which was encashed by the lower authorities as bank guarantee given by the appellants. He also imposed penalty of Rs. 4 lakhs under Section 112 of Customs Act, 1962. Aggrieved by the said order, the appellants before us. 3. Learned Counsel, Shri A.P. Mathur appearing on behalf of the appellants submits that they are not disputing the duty liability whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and whether they are liable to pay penalty. 7. Since learned Counsel on instructions submitted that they are not disputing the duty liability and interest thereof, we find that the order-in-original to the extent needs to be upheld and we do so. 8. As regards the penalty imposed, we find that the adjudicating authority has clearly recorded in the Order-in-Original that the appellants had in f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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