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TMI Blog2024 (3) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... e rent agreement for the said premises had been produced, documents evidencing shift of the capital goods was neither available nor furnished by the appellant. The imports had been permitted, and duty had been foregone, subject to condition that export obligation would be completed within six years. It is also on record that the licensing authority had extended the time-period for effecting the installation which, in effect, re-scheduled the date by which the export obligation would have to be fulfilled. There is nothing available on record to indicate that, after such installation, as claimed by the appellant in application for relaxation of time for fulfillment had been preferred, exports had been undertaken. It would also appear to us th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation no. 102/2009-Customs dated 11th September 2009 for import of goods covered by bills of entry no. 8247479/17.10.2012 and no. 8765339/14.12.2012, with concurrent recovery of duty foregone of ₹ 4,60,15,779/-, under section 28 of Customs Act, 1962, along with interest under section 28AB of Customs Act, 1962, and confiscation of the impugned goods valued at ₹ 17,69,92,673/- under section 111(o) of Customs Act, 1962 subject to option for redemption on payment of fine of ₹4,42,48,168/- in exercise of section 125 of Customs Act, 1962 and penalty of like amount under section 114A of Customs Act, 1962. 2. Admittedly, the imported goods were not installed after clearance but were stored in original condition pending acquisition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation condition. 4. Learned Counsel for the appellant submits that the impugned order has merely reiterated the obligations without considering the submissions made by the appellant. It is further submitted that the adjudicating authority had not ascertained the claim of export obligation having been fulfilled and, instead, appears to have relied entirely upon the non-issue of discharge certificate as trigger for demand of duty and other detriment. It is also contended that the time-limit for the installation of the capital goods having been extended by the Policy Relaxation Committee (PRC), it was only fair and just for customs authorities to push back the period for fulfilment of export obligation and to ascertain compliance thereof. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tallation, as claimed by the appellant in application for relaxation of time for fulfillment had been preferred, exports had been undertaken. It would also appear to us that the deferment of time for installation does not, of itself, re-schedule the deadline for completion of export obligation. The imports had been effected in October 2012 and December 2012 with post-import fulfilment of the export obligation by 2018. 8. In the facts and circumstances of fulfilment of export obligation not having been evinced and the stipulated deadline prescribed in the authorisations not adhered to, the confirmation of duty liability, equal to the duty foregone, would appear to be reasonable. However, there is no finding on the entitlement for depreciatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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