2011 (3) TMI 1517

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....., For the Respondent : K.K. Jaiswal, SDR, Ashok Jindal: Two appeals are filed by M/s Onkar International Pvt. Ltd. against the order of demand of duty along with interest and imposing penalty and two appeals are filed by Shri Jayant Malhotra and Shri A.K. Gupta against imposition of penalty under Section 114A of the Customs Act, 1962. 2. The brief facts of the case are that the Appell....

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....e proceedings may be dropped. But a Show Cause Notice was issued to the appellants for violation of the Foreign Trade Regulation Rules which was adjudicated and demands were confirmed against the main appellant and penalties were imposed on appellants as well as the co appellants. Aggrieved from the said order, the appellants are before us. 3. Ld. Advocate for the appellant submits that after t....

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....ave discharged their export obligation as per the licence issued under EPCG Scheme. Hence the proceedings under the impugned Show Cause Notice are to be quashed. As the EPCG licence were issued correctly and the appellants have discharged the export obligation also correctly. To support his contention he placed reliance on Air Travel Bureau Ltd. vs. CC reported in 2010 (260) ELT 78 (Del.). 4. O....

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.... to fulfil the obligation under EPCG licence which was the very condition imposed in the said licence by DGFT. DGFT redeemed the licence and has taken a view that the assessee has fulfilled their export obligation. No doubt the opinion of the DGFT would not be conclusive and any such certificate cannot stop the power of the authority to reopen even a concluded matter, if it is shown that the such ....