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TMI Blog2015 (2) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... though, there was a short fall of fulfilment of the export obligation. It appears that this fact was not placed before the lower authorities. - Decided against the assessee. - Appeal No. C/248/2006 - Order No. A/12360 / 2014 dtd 17/12/2014 - Dated:- 17-12-2014 - Mr. P. K. Das And Mr. H. K. Thakur,JJ. For the Petitioner : None For the Respondent : Shri K. Shivkumar (AR) ORDER Per : Mr. P.K. Das None appears on behalf of the appellant. There is no application for adjournment. Ld Authorised Representative for the Revenue submits that the appellant had not appeared in the earlier occasions also. On perusal of the records, we find that the Tribunal by order No A/228/WZB/AHD 2011 dtd 29.11.2011 dismissed the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in notification No 28/97. He also observed that they had submitted evidence to export to the tune of ₹ 7,17,151/- which was less than 10% of the total export obligation. He, therefore, ordered enforcement of Bank Guarantee of ₹ 16,00,000/- and payment of duty ₹ 15,90,425/- alongwith interest of ₹ 22,83,995/- failing which action under Section 142 of the Customs Act 1962 (herein after called the Act ) shall be initiated. By the impugned order, Commissioner (Appeals) rejected the appeal filed by the appellant. 4. Ld AR of the Revenue submits that the appellant had not fulfilled the export obligation as per the conditions of EPCG licence and therefore both the authorities below rightly confirmed the demand of duty. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10% 3 3rd Year 20% 4 4th Year 30% 5 5th Year 40% Provided that export obligation of a particular year may be set off by the excess exports made in the preceding years. (3) The importer produces within thirty days of the expiry of each year from the date of issue of licence from 2nd year or within such extended period as the Assistant Commissioner of Customs or may allow, evidence to the satisfaction of the Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and where export obligation of any particular year is not fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted by the importer and such manufacturer other person binding themselves jointly and severally to fulfill the export obligation and all other conditions of this notification and to pay duty with interest in case of default; Provided further that in case of importers rendering services not required to be registered with Central Excise authorities, a certificate from independent Chartered Engineer confirming the installation and use of capital goods in the importer s premises may be produced. (6) Notwithstanding anything contained in conditions (3) and (4), where the Licensing Authority grants an extension of the period for fulfillment of export not exceeding 5% of such export obligation, the said period of fulfillment of export oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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