2015 (5) TMI 942

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....d upon the appellant under Regulation 5 of the Customs  (Provisional Duty Assessment) Regulations 2011 and not under Section 117 of the Customs Act 1962. However, he reduced penalties imposed upon the appellant with respect to certain appeals filed by the appellant. 2. Shri Nikhil Rungta, Learned Advocate, appeared on behalf of the appellants and argued that the show cause notices issued to the appellants proposed penalty under section 117 of the Customs Act 1962 with respect to each Bill of Entry. The Commissioner (appeals) has held that the penalties are required to be imposed under Regulation 5 of the Customs (Provisional  Duty Assessment) Regulations 2011. It was the case of the appellant that once the show cause notices, p....

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.... provisional assessment and it was the duty of the appellant to seek suo-moto extension of time for filing the documents.  It was, therefore, strongly argued by the Learned Authorised Representative that the penalties have been correctly imposed by the Adjudicating Authority under Regulation 5 of the Customs Regulations 2011. 4. Heard both sides and perused the case records. The appellant was importing Crude Oil for which assessments were made provisional subject to production of certain documents. From the records, it is observed that the nature of documents etc. was such that the same could not be produced within a period of 30 days. It is the case of the appellant that for the earlier period also such documents were furnished aft....

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....ulations 2011. There is no time limitation prescribed for seeking extension. It is opined that the Adjudicating Authority should have extended the period as requested in Para 9 (reproduced blow) in appellants reply dt. 15.1.2014 to the show cause notice dt. 30.9.2013. "We, therefore, request your goodself to take into account the aforesaid facts and be kind enough to finalise the assessment without imposing any penalty. It is also prayed that if your goodself feels that the condition of the PD Bond, as extracted above, has been contravened then your goodself may in exercise of the power vested with your Honour extended the period within which the said information/documents ought to have been furnished and regularise the entire matter." ....