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TMI Blog2013 (12) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification No. 110/95-Cus., dated 5-6-1995, if the importer does not fulfil the export obligation, the importer is required to pay duty leviable on the goods imported but for the exemption in the same proposition in the unfulfilled portion of the export obligation. The Notification itself provides the importer has to pay duty and interest and also proportionate of total export obligation. When t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort the product Instant Noodles of a value of more than Rs. 2.5 crores over a period of 5 years. However the respondent could not fulfil the export obligation and consequently, proceedings were initiated which resulted in demand of duty with interest which has been paid by the respondent. However, the Revenue in appeal against the decision of the learned Commissioner who refrained from confiscat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat once the duty and interest are paid on failure to fulfil the export obligation, no breach of conditions of the notification is said to have taken place and redemption fine and penalty are not imposable. 4. We have considered the submissions made by both sides. According to the Notification No. 110/95-Cus., dated 5-6-1995, if the importer does not fulfil the export obligation, the importer is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Departmental Representative relates to situation where the goods have been released provisionally on execution of bond and the Hon ble Apex Court in such cases held that even when customs authority is not in possession of goods, the goods can be confiscated. The decision has nothing to do with situation arise in this case. We do not find any merits in the appeal filed by the Revenue and accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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