2012 (11) TMI 877

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....rder per : P.G. Chacko, Member (J)]. -  This application seeks waiver and stay in respect of the adjudged dues. The impugned demand of duty arises out of denial of the benefit of Notification No. 32/2005-Cus., dated 8-4-2005 in respect of RBD Palmolein imported by the appellant under Target Plus Scheme. Under the Scheme as embodied under the Foreign Trade Policy (para 3.7) read with para 3.2....

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....goods with option for redemption against payment of fine, and imposed a penalty on them. 2.1 Arguing for waiver and stay in respect of the adjudged dues, the learned counsel has made the following submissions :- (a)    The goods imported by the appellant fulfilled the condition of 'broad nexus' with the exported goods as required under the Foreign Trade Policy and hence the b....

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....s untenable; (d)   The longer period of limitation is not invokable in this case as the appellant was under the bona fide belief that they were eligible for the benefit of Target Plus Scheme. 2.2 Elaborating the above points, the learned counsel has invited our attention to the relevant provisions of the Input-Output Norms laid down under the Foreign Trade Policy. He submits that ....