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TMI Blog2018 (4) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture of jewellery and thereafter duly disposed of with permission from competent Development Commissioner - The Development Commissioner apparently on consideration of condition and restriction imposed on appellant allowed such clearance to DTA. That being the case, there is no question of duty liability on the imported gold on the appellant. Appeal allowed - decided in favor of appellant. - C/50068 of 2018 - 50934/2018 - Dated:- 28-2-2018 - Mr. Justice (Dr.) Satish Chandra, President And Mr. B. Ravichandran, Member (Technical) Shri G Tushar Rao, Advocate with Shri Abdul Samad, Authorised Signatory, for the Appellants Shri R K Majhi, DR, for the Respondent Per: B. Ravichandaran: The appellant is aggrieve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of penalty under section 114A of the Customs Act, 1962. He also ordered confiscation of imported gold bars. He further imposed the redemption fine of ₹ 50,00,000/ -. 3. Learned Counsel appearing for the appellant submitted that the imported gold bars were duly accounted for and supplied to the jewellery maker who is a 100% EOU. The gold bars were duly accounted for by the Jewelers and converted into jewellery and re moved to the DTA on foreign exchange remittance in terms of various permissions granted by the Development Commissioner as per Foreign Trade Policy 2009 - 2014. He specifically referred to para 6.9 (b) with para 8.1 of the said policy to emphasis that EOU clearance to DTA on foreign exchange remittance will be cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings against EOU in 2014 itself was initiated based on details and other particulars provided by the appellant only. There is no malafide on the part of the appellant and they have filed the due returns and being a Government owned public sector undertaking bank, there is no malafide motive in their action. 5. Learned D R stated that proceedings against EOU and in the appeals are on different set of facts. Manufactured Jewelry by EOU has to be disposed of either by export out of country or on payment of duty when cleared for DTA. As such, the proceedings against the EOU is on that ground. The appellant is liable to fulfill the obligation of the exemption notification read with bond executed at the time of import. Since, gold i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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