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TMI Blog2017 (7) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... ine - penalty - Held that: - It is on record that the said Alpha Rich Granites has not complied with the export obligations. If there is no export obligations fulfilled, the machineries imported and installed in the EOU needs to discharge the applicable customs duty which in this case is in the hands of the appellant which he has got as capital goods - appeal dismissed - decided against appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddled with the duty liability, interest thereof and redemption fine of ₹ 7 lakhs and a penalty of ₹ 1 lakh on the ground that the appellant had purchased capital goods from one M/s. Alpha Rich Granites P. Ltd. who were a 100% EOU, but defaulted in complying with export obligation. 6. It is the case of the Revenue that the said Alpha Rich Granites who warehoused the capital goods for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emption fine. An appeal against the same before the first appellate authority was rejected. 7. The grounds of appeal are perused by me and it is noticed that in the grounds of appeal, the appellant is only stating that the provisions of Section 112(b) will not apply as in this case as there is nothing on record to show that the appellant has acquired the goods with knowledge that the goods are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rich Granites has not complied with the export obligations. If there is no export obligations fulfilled, the machineries imported and installed in the EOU needs to discharge the applicable customs duty which in this case is in the hands of the appellant which he has got as capital goods. I do not find any merits in the appeal of the appellant. Accordingly, the appeal is rejected. (Order dictate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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