9911796707
TMI Blog2019 (8) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... id not satisfy the conditions of the Notification by producing the Installation Certificate before the concerned Authority, nor he has sought extension of period for producing such Installation Certificate. Whether the option for payment of fine or redemption of goods, would be available to the assessee or not, is a question that has already been decided by the learned Tribunal vide the aforesaid portion quoted by us - we do not find any error in the order of the learned Tribunal. However, if there is any factual error in dealing with the facts produced by the assessee/appellant herein with evidence, he is at liberty to file an application before the learned Tribunal seeking appropriate review of the order, impugned herein. Appeal dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed only after completion of imports under the EPCG licences. This argument cannot be accepted for the reason that each EPCG licence had prescribed a period of 24 months for completing imports thereunder and the licensing authority was never approached for extension of the period with the result that no further imports were possible after the expiry of the above period. On the facts of this case, it is not necessary to embark on interpretation of the expression ''completion of imports'' used in the Notification. As rightly pointed out by learned JDR, the period allowed for imports under the EPCG licences dated 30.05.2003 and 18.07.2003 had expired on 29.05.2005 and 17.07.2005 respectively. The company was not entitled to make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 10 Bills of Entry also, the Commissioner's decision to confiscate the goods under section 111[o] of the Customs Act with option for redemption has to be upheld. We have already stated our reasons for such confiscation, in the case of DSNG system. The same reasons are equally applicable to other goods. However, the quantum of fine imposed by the Commissioner is rather harsh. He took 50% of the value of the goods to be the fine. Applying the same yardstick which we employed in the case of DSNG system, we reduce this fine to ₹ 21,00,000/- [Rupees Twenty One Lakhs ony] being 15% of the value. We are also of the view that the penalty of ₹ 1.90 Crores imposed on the Company by the Commissioner is unconscionable. We reduce this p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
