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    <title>2002 (9) TMI 233 - CEGAT, CHENNAI</title>
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    <description>Failure to fulfil export obligation under Notification No. 160/92-Cus. read with para 38 of the EXIM Policy was held not to warrant confiscation and penalty where the importer had furnished a bank guarantee and sought extension, and the lapse did not justify penal action as a matter of judicial discretion; confiscation and penalty were set aside. Demand of interest at 24% was held impermissible in the absence of any statutory provision in the Customs Act, 1962 or the notification authorising interest recovery; the interest demand was set aside. Demand of customs duty consequent to non-fulfilment of export obligation was upheld, and the appeal was partly allowed with consequential relief.</description>
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    <pubDate>Fri, 13 Sep 2002 00:00:00 +0530</pubDate>
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      <title>2002 (9) TMI 233 - CEGAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=51728</link>
      <description>Failure to fulfil export obligation under Notification No. 160/92-Cus. read with para 38 of the EXIM Policy was held not to warrant confiscation and penalty where the importer had furnished a bank guarantee and sought extension, and the lapse did not justify penal action as a matter of judicial discretion; confiscation and penalty were set aside. Demand of interest at 24% was held impermissible in the absence of any statutory provision in the Customs Act, 1962 or the notification authorising interest recovery; the interest demand was set aside. Demand of customs duty consequent to non-fulfilment of export obligation was upheld, and the appeal was partly allowed with consequential relief.</description>
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