2003 (5) TMI 456

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....ating the imported goods under Section 111(o) of the Act with option for redemption thereof on payment of a fine of Rs. 1 crore and imposing on the appellants a penalty of Rs. 30 lakhs under Section 112 of the Act. 2. The appellants were an Electronics Hardware Technology Park (EHTP) unit under the 100% Export-Oriented Scheme, engaged in the manufacture and export of Aluminium Cans (housings) for Aluminium Electrolytic capacitors and lead Tabs for Electrolytic Capacitors, both falling under sub-heading 8532.00 of the Central Excise Tariff Schedule. They were entitled to import specified goods without payment of duty under Notification No. 96/93-Cus., dated 2-3-93 (as amended) for the manufacture and development of electronic hardware ....

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....d on expiration of three years from the date of its issue (10-6-1992). The effect of the NEPZ action was that the approval granted to the party by NEPZ, Noida for import of goods duty-free stood cancelled w.e.f. 22-6-2000. The licence issued under Section 58 of the Customs Act also expired on 22-11-2000. As the appellants had failed to discharge the 100% export obligation, the Department, by show-cause notice, proposed to recover Customs duty on the capital goods and raw materials which were imported by them without payment of duty claiming the benefit of Notification No. 96/93-Cus. The notice also proposed confiscation of the goods and imposition of penalty. No reply to the show cause notice was filed by the party. Though personal hearing ....