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TMI Blog2015 (4) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... GFT and it is not necessary to meet the export obligation out of the inputs procured against the license issued to them, require verification and further deliberation. - Matter remanded back - Decided in favour of assessee. - Stay Petition Nos. 565/10 to 571/2010, Customs Appeal Nos. C/187-193/2010 - - - Dated:- 13-11-2014 - D. M. Misra, Member, (J) And I. P. Lal, Member (T),JJ. For the Appellant : Sri Shovendu Banerjee, Adv. For the Respondent : Sri S Chakraborty, DC (AR) ORDER Per: I P Lal: By the impugned order the Ld. Commissioner confirmed Customs duty of ₹ 4,056,2,175/-against M/s. RSI Pvt. Ltd. and imposed equal amount of penalty. Penalty of ₹ 50.00 Lakhs each was imposed on the other applicants. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not fulfil the export obligation due to recession in the global market. As such, they had applied for extension of export obligation period (EOP) and the same has been granted by the policy Relaxation Committee of the Ministry of Commerce and DGFT validated the EOP upto 31/03/2009 vide letter dated 4/5/2010. The EOP was further extended for a period of 06 months from the date of endorsement. In the meantime, the company was registered with BIFR vide case No. 42/2010. Since the SBI the second creditor had taken action under Section 13 (4) of SARFAESI Act, 2002 against the same properties of the appellant company, the said case bearing No. 42/2010, got abated and the appellant company has to register a new case bearing No. 13/12 with the BIF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export obligation. This fact was admitted by Shri Aloke Kr., authorized signatory representative of the company by his statement. Shri Aloke Kumar categorically submitted that the exempted materials were sold to M/s. Padmini Polymers Ltd., New Delhi. Since the conditions of the License that the goods imported under the said license shall be utilized in accordance with the Provisions of export and import policy 1997-98 and related Customs Notification, as amended from time to time. The Customs Duty was correctly demanded in the present case. It is further submitted that condition (ii) (b) of the said Notification requires that importer at the time clearance of the imported materials makes declaration before the Assistant Commissioner of Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther extension of EOP is pending before the DGFT. As these facts were not before the Ld. Commissioner and the plea of the applicant/appellant that the entire fact was in the knowledge of DGFT and it is not necessary to meet the export obligation out of the inputs procured against the license issued to them, require verification and further deliberation. Accordingly, we remit back the case to the Ld. Adjudicating Commr. for passing a fresh order after considering the various issues raised by the appellants. It is needless to mention that an opportunity of hearing should be granted to the applicants before deciding the case afresh. In the result, the order of the Ld. Commr. is set aside and the appeals are allowed by way of Remand. Stay peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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