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TMI Blog2013 (11) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... Out (LIFO) method. The removal from the storage tank is said to be on an arbitrary basis and the same resulted in removal of imported palm oil for sale rather than for refining as required under the Notification. The adjudicating authority worked out the quantity of palm oil so removed on a proportionate basis and computed the demand. The learned counsel has claimed that, at any point of removal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rina Cano, A.R. ORDER Per: P. G. Chacko; This application filed by the appellant seeks waiver and stay in respect of customs duty of Rs. 44,26,141/- (rupees forty four lakhs twenty six thousands one hundred and forty one only) and penalty of Rs. 5,00,000/-(rupees five lakhs only). On a perusal of the records, we find that, during the material period, the appellant was importing crude pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on attached to Sl. No. 32 of the Notification. One of the conditions attached to the Notification required the importer to follow the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules 1996. The case of the Revenue is that this condition was not complied with by the party in respect of the stock which was actually cleared for do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ient quantity of locally procured stock left in the tank. He has also submitted that this fact was accepted by the adjudicating authority. However, we have not found these submissions to constitute sufficient challenge to the computation of demand done by the adjudicating authority. After a perusal of the grounds of the appeal, we have not found a satisfactory explanation from the appellant vis-a- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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