https://www.taxtmi.com/caselaws?id=448072 CESTAT Ahmedabad ruled on a 100% EOU case where duty demand was confirmed with penalty imposed. The appellant, lacking EPCG license, got de-bonded without duty payment, constituting malafide conduct. CESTAT held that relief under Section 28(2) proviso was unavailable as appellant failed to inform department about voluntary duty payment. However, since duty and interest were paid but reduced penalty option under Section 28(5) wasn't considered by lower authorities, the matter was remanded for reconsideration of penalty amount only. Duty and interest payment was upheld. en-us Tue, 09 Jan 2024 00:00:00 +0530 Thu, 11 Jan 2024 09:21:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448072 CESTAT Ahmedabad ruled on a 100% EOU case where duty demand was confirmed with penalty imposed. The appellant, lacking EPCG license, got de-bonded without duty payment, constituting malafide conduct. CESTAT held that relief under Section 28(2) proviso was unavailable as appellant failed to inform department about voluntary duty payment. However, since duty and interest were paid but reduced penalty option under Section 28(5) wasn't considered by lower authorities, the matter was remanded for reconsideration of penalty amount only. Duty and interest payment was upheld. Case-Laws Customs Tue, 09 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448072