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TMI Blog2013 (11) TMI 1562X X X X Extracts X X X X X X X X Extracts X X X X ..... o the issue of a penalty of ₹ 2 lakhs imposed on the assessee/importer under Section 112 of the Customs Act, 1962. 2. Appellant had imported and cleared various inputs under EPCG licence at Nil rates of customs duty and of additional duty of customs subject to the condition that the licence holder shall fulfil the export obligation and other conditions prescribed in the licence. In this b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount was directed to be paid along with interest @ 15% on the total duty, from the date of import/clearance. The adjudicating authority also imposed a penalty of ₹ 3,80,000/- for breach of the EXIM policy. It requires to be noticed that the petitioner neither responded to the show cause notice nor appeared for personal hearing. Be that as it may. 4. Aggrieved, the appellant preferred an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/-; and to that extent modified the adjudication order. 5. In Philips (India) Ltd. v. CC, Mumbai - 2001 (137) E.L.T. 697 (Tri.-Mumbai); Meirs Pharma (India) Pvt. Ltd. v. CC, Chennai - 2004 (167) E.L.T. 53 (Tri.-Chennai) and in Sun Knitwear Pvt. Ltd. v. CC, Bangalore - 2007 (207) E.L.T. 85 (Tri.-Bang.), this Tribunal has consistently taken the view that in the absence of any allegation that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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