2014 (4) TMI 1052

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....varte, Advocate ORDER Per Ashok Jindal The Revenue filed the appeals against M/s Jayaswala Neco Ltd. (JNL in short) and its Manager Shri M. Banerjee.  The assessee had also filed an appeal against the Revenue. The assessee had also filed a Cross Objections to the appeals filed by the Revenue. As all the three appeals are arising out of a common order, hence the appeals are disposed o....

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....so imposed. The said order was challenged before the Commissioner (Appeals). The Commissioner (Appeals), after examining the records placed before him, dropped the duty demand, interest and penalty on the Manager Shri M. Banerjee but confirmed the penalty imposed on JNL to the tune of Rs. 50,000/- for not following the proper procedure and for the lapse committed by them. Aggrieved by the said ord....

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....ave been cleared to the merchant exporter who in turn exported the same goods outside India i.e. Dubai etc. To the fact that the goods cleared on the strength of ARE 1 the necessary verification was done by the customs authorities certifying that the goods cleared by the JNL against these ARE 1 has finally been exported.  He further submits that the goods were cleared on the basis of pieces n....

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....fact has not been appreciated by the Revenue while filing this appeal before me. In the circumstance, I do not find any infirmity with the impugned order quo dropping demand for duty and interest as the fact is on records that the goods have been cleared under the impugned ARE 1 were finally exported. 8. Further, coming to the penalty imposed on JNL to the tune of Rs. 50,000/- for which it is a....