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TMI Blog2017 (10) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... t produce any evidence in respect of exports made by them - Held that: - In the absence of any documents even before the Tribunal to indicate that they have complied with the obligation of export, the impugned order of the 1st Appellate Authority is correct - appeal dismissed - decided against appellant. - C/30522/2017-SM - Final Order No. A/ 31282 / 2017 - Dated:- 21-8-2017 - M. V. Ravindran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed inlieu of such confiscation and penalty has also been imposed. 3. It is noticed that the appellant had imported certain capital goods as an STPI unit undertaking to export services as per the license granted to them. Show cause notice was issued to the appellant for demand of the customs duty as appellant could not produce any evidence in respect of exports made by them. Appellant did not fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion No. 52/2003-Cus an STPI unit which has availed exemption of Customs duties is liable to pay on demand in case of failure to achieve the said positive Net Foreign Exchange Earning (NFEE) the duty foregone on the goods imported but for the exemption contained in the notification. The duty so payable would also bear the same proportion as the unachieved portion of NFEE would bear to the positive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the conditions prescribed under the said Notification. It is noted that they had imported valued at ₹ 57,39,956/ - availing exemption from payment of duty as provided under Notfn No. 52/2003-Cus and that they had not renewed the customs bonded warehouse licence which was valid only up to 19.01.2012. Their defence of economic recession is not a relevant factor in deciding upon the liabil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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