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    <title>2002 (9) TMI 712 - CEGAT, NEW DELHI</title>
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    <description>An importer who availed a duty exemption scheme but later failed to complete the export obligation, paid duty and interest, and cleared the goods for home consumption was not liable to penalty where the goods were not prohibited and were otherwise permissible for import. The stated purpose of import was manufacture and export, and the subsequent non-fulfilment of the export condition arose from commercial difficulties rather than any prohibition on the goods or concealment of facts. On those facts, mere failure to meet the export obligation did not by itself justify penal action, and penalty was not warranted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=107331</link>
      <description>An importer who availed a duty exemption scheme but later failed to complete the export obligation, paid duty and interest, and cleared the goods for home consumption was not liable to penalty where the goods were not prohibited and were otherwise permissible for import. The stated purpose of import was manufacture and export, and the subsequent non-fulfilment of the export condition arose from commercial difficulties rather than any prohibition on the goods or concealment of facts. On those facts, mere failure to meet the export obligation did not by itself justify penal action, and penalty was not warranted.</description>
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