2014 (11) TMI 859

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.... with a direction to decide the main issue involved in the present case on the basis of dictum given by the Hon'ble Apex Court. 2. The relevant facts of the case, in brief, are that the appellants had engaged in the manufacture of grey cotton fabrics classifiable under Heading 5207 of the First Schedule to the Central Excise Tariff Act, 1985. They imported various machineries namely Dunham, Water Cooled Screw Chillers, Cooler Insulation from Malaysia under EPCG scheme vide Bill of Entry No.1105 dt. 29.10.99 by availing exemption under Notification No.28/97 Cus. dt. 1.4.97 with the condition that the said machine would be installed at the factory premises located at Sattur Road, Sriviliputhur. During investigation, the DGCEI officers fo....

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....indulged in suppression of facts?          (2) Whether the Tribunal was correct in deciding that once the duty amount is paid it will take the respondent company out of EPCG Scheme, when the said duty amount was paid by the respondent after detection of gross violation of the legal provisions by the department?          (3) Whether the Tribunal can set aside the penalty of 25% equal to the interest amount which is mandatory as per Section 114-A of the Customs Act, 1962? 4. After hearing both sides and on perusal of the records, I find that the appellant imported machinery under EPCG licence subject to the condition that the said machinery would be used in the....