2009 (6) TMI 726

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....the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The brief facts of the case are that the appellants herein imported one "in line IQF Freezer Gyro Compact" vide bill of entry dated 17-6-1993 through Tuticorin Port on payment of Customs duty at the concessional rate of 15% as per Notification No. 160/92 dated 20-4-1992 as amended, under EPCG licence dated 28-7-1992. According ....

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....ms Act, 1962. The notice was adjudicated by the Commissioner denying the benefit of concessional rate of duty as per the Notification, confirming the demand raised in the notice together with interest of Rs. 14,99,636/-, confiscating the goods with an option to redemption on payment of a fine of Rs. 15 lakhs and imposing penalty of Rs. 5 lakhs on the appellants. Hence this appeal. 2. We have....

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....asis of the Tribunal's decisions cited supra, wherein it has been held that the extent to which export obligation has been fulfilled should be taken into consideration towards duty liability. The above decisions also hold that since there was no deliberate violation of the condition and since the non-fulfilment of the export obligation was due to circumstances beyond the control of the appellants,....