2006 (8) TMI 86

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..... Nos. C/1186-1189/2005-Mum - Final Order Nos. A/1755-1758/2006-WZB/C-IV/(SMB) - Dated:- 21-8-2006 - [Order per] - Heard both sides. 2. In all these appeals, the appellants have raised a common question about imposition of penalty for not fulfilling the export obligation. 3. M/s. Pharmed Chemicals Limited, having their factory at Sipcot Industrial Area, Hosur, Tamilnadu and thei .....

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..... efit of Notification No. 80/95, dated 31-3-1995 against the imports which have taken place duty free under Advance License, demand of customs duty foregone for imports made under DEEC amounting to Rs. 48,716/- and imposition of penalty on all of them. 4. On adjudication of the matter, the benefit of duty free clearance of 1050 kgs. of pivalosrl chloride imported against advance license was den .....

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..... 190) E.L.T, 53 (T-Bang.). It is observed in the aforesaid decision that there were several extenuating circumstances which prevented the appellants from fulfilling the export obligation. As chemical was likely to lose shelf- life, therefore in view of the same they were left with no alternative but to sell the same in the local market. The orders itself clearly brings out that appellants had no me .....

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