2015 (4) TMI 769

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....y of Rs. 50.00 Lakhs each was imposed on the other applicants. 2. This Tribunal vide order dated 8/5/2014 directed the applicant M/s. RSI Pvt. Ltd. to deposit Rs. 1.14 Crores within a period of eight week from the date of order and waived the remaining amount of dues adjudged against all the applicants. Being aggrieved the applicant filed writ petition No. 20169W of 2014 before the Hon'ble High Court of Kolkata. Ld. Advocate for the applicants has submitted that as per High Court's order dated 12/08/2014, CESTAT is directed to consider afresh the waiver applications in the light of the law laid down in case of M/s. Sagarika Acoustronics Pvt. Ltd. Vs. U.O.I.-2010 (256) ELT A-61 (SC) by restricting its decision on the net worth of th....

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.... to register a new case bearing No. 13/12 with the BIFR. Consequent to the company's being registered with the BIFR, the company has requested the licensing authority for approval of composition of fees for approved extension of EOP against the said license in terms of FTP and their application before DGFT is pending. He submits that the diversion of inputs were in the knowledge of the DGFT and the extension of EOP was allowed. Further extension is pending before DGFT as being a sick unit, they had applied for waiver of composition fee. It is submitted that in case the EOP is extended, no demand can be raised by Customs Authorities. It is submitted that the Exim policy does not envisage that export obligation is required to be fulfilled....

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....eclaration before the Assistant Commissioner of Customs binding to pay on demand an amount equal to the duty on such inputs in respect of which the condition specified in the said Notification has not been complied with. Conditions (vii) of the said Notification requires that the exempted materials shall not be disposed off in any manner except for utilization in discharge of export obligation before the export obligation under the said license has been discharged in full and export proceeds realized. Since the conditions of the Notification were not followed, the impugned goods are liable to confiscation and duty is required to be paid on the said materials. He, submits that there is no documentary evidence in support that the diversion of....