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TMI Blog2001 (11) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... 169/90-Cus., dated 3-5-90 and 160/92-Cus., dated 20-4-92 (as amended). The total duty involved in these imports is Rs. 41,91,541/-. The EPCG licences and the exemption Notification, inter alia provided that the importers would export resultant export products viz., the Rolls and Cylinders for a total FOB value as stipulated in the said licences and the export obligation to be fulfilled under the EPCG scheme was equivalent to three times of the CIF value of the machines plus four times the average of best two years annual export performance and the export obligation was to be fulfilled within a period of four years from the date of import. The imported machines were cleared at the Calcutta Port vide B/E No. I-298, dated 6-3-92 on payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tifications. Therefore, the appellants were called upon to show cause as to why the said capital goods namely, 1 No. Roll Grinding Machine and 7 Nos. Second hand Machine Tools should not be held to be liable to confiscation under Section 111(o) of the Customs Act, 1962. They were further called upon to show cause as to why the sum of Rs. 13,32,000/-deposited with DGFT on 25-4-97, and sums of Rs. 14,30,000/- and Rs. 14,29,541/- paid to the Commissioner of Customs, Calcutta vide Pay Orders dated 6-5-98 and 12-5-98 respectively should not be appropriated and adjusted against the duty demand. They were further called upon to show cause why a penalty under Section 112(a) and (b) of the Customs Act, 1962 should not be imposed on them and the conc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resentation to the DGFT for extension of the period of export under EPCG licence up to 31-3-2001. Therefore, they requested the Commissioner of Customs for keeping the adjudication proceedings in abeyance for two more months. It is contended that their request with DGFT, New Delhi is under process and the same is likely to be decided. It is stated that the amendment in their EPCG licences relating to fulfilment of export obligation will be done shortly. It is, therefore, prayed that the matter may be remanded to the Commissioner of Customs, for de novo consideration in view of the developments obtaining after the date of adjudication. 4. We have considered these submissions. As regards the deposit of Rs. 13,32,000/- in respect of EPCG lic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the documents submitted by the appellants, the matter relating to the extension of EO period is under consideration of the said authority. We are of the view that even though the party has deposited the duty amount in respect of the goods imported under this licence, the matter in respect of these goods would remain open and incomplete till such time a final view for the extension of their period of export is taken by the DGFT. In this view of the matter we hold that confirmation of demand of duty of this amount and the appropriation of the amount deposited by the party, is pre-mature. 5. In view of the above discussion we uphold the order of the appropriation of the duty amount of Rs. l3.32 lacs (Rupees thirteen lacs thirty-two thousand ..... X X X X Extracts X X X X X X X X Extracts X X X X
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