2015 (2) TMI 461

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....eal for non-prosecution. It has been recorded in the said order that the matter was listed on 23.6.2010, 4.8.2010, 11.5.2011,23.9.2011, 21.10.2011 and 29.11.2011 and every time the appellant requested for adjournment. The applicant filed application for restoration of the appeal. By order No M/1874/WZB/AHD/2012 dtd 26.9.2012, the Tribunal dismissed the said application for non prosecution. By judgement/order dtd 21.3.2013 in special civil application No. 1727 of 2013 the Hon ble Gujarat High Court set aside the orders of the Tribunal and restored the appeal before the Tribunal upon payment of the cost. In view of the order of the Hon ble High Court, this appeal is taken up for hearing. 2. It is seen from the Note Sheet Order dtd 1.7.2014 o....

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....the findings of the Commissioner (Appeals). 5. After hearing the Ld Authorised Representative for the Revenue and on perusal of the records, we find that the relevant conditions of the Notification No 28/97-CUS dtd 1.4.1994 are as under: "(1) The goods imported are covered by a valid licence issued under the Export Promotion Capital Goods (E.P.C.G.) Scheme in terms of Export and Import Policy (hereinafter referred to as the said policy) permitting import on payment of duty of Customs at the rate of 10% and the said licence is produced for debit by the proper officer of the customs at the time of clearance: Provided that for the import of spare parts, the validity period of the licence shall be deemed to be the period permitted for fulfil....

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....ation together with interest at the rate of 24% per annum from the date of clearance of the goods. (4) The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for any particular year, for three consecutive years, be liable to pay forthwith the whole of the duty of customs leviable on the goods imported but for the exemption contain in this notification together with interest at the rate of 24% per annum from the date of clearance of the goods. (5) The capital goods imported, assembled or manufactured are installed in the importer s factory and a certificate from the jurisdictional Assistant Commissioner of Central Excise is produced within six months from the date of completion of imports or withi....