9911796707
TMI Blog2014 (8) TMI 1076X X X X Extracts X X X X X X X X Extracts X X X X ..... - as the appellants were maintaining proper records regarding the capital goods received without payment of duties from which the Revenue found out the deficiency, no merit found in the contention of the appellant that omission of the capital goods such as generating sets etc. is not deliberate – appeal dismissed – stay application dismissed. - APPEAL Nos. C/87521/13 & E/87858/13-Mum - - - Dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the imposition of penalties. 4. The brief facts of the case are that the appellants were a 100% EOU and imported capital goods as well as procured indigenous capital goods without payment of customs duty as well as excise duty. At the time of debonding, the appellant submitted the list of capital goods which were received without payment of customs duty/excise duty and paid the appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was no deliberate omission or incentive to evade the duties. The five/six capital goods in question were unintentionally left out from the list of capital goods submitted at the time of debonding, which were procured without payment of duty. There were more than 300 capital goods which were received without payment of duty and originally the same were valued over ₹ 130 crores. As the five/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of duty hence the appellants are liable for penalties. 7. We find that the appellant was registered as a 100% EOU and imported the capital goods without payment of customs duty as well as procured indigenously without payment of duty at the time of debonding. The appellants were liable to pay the forgone customs duty as well as excise duty on the depreciated value of the capital goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
