2015 (12) TMI 792

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.... G Shivadass & Ms Neetu James, Advs ORDER Per Archana Wadhwa The appeal filed by the Revenue along with cross objection filed by the respondents, which have to be considered as an appeal, are being disposed of by a common order as they arise out of the same impugned order of Commissioner. 2. The respondent is a 100% EOU and STP unit working under the provisions of Notification No. 52/2....

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....few minor items which they could not locate in their new unit, to the extent of around 6%. They admitted that they are unable to find such items which are in the nature of hard disk and various computer accessories and immediately paid the demanded duty of Rs. 47 lakhs (Rupees Forty Seven lakhs) and Rs. 26 lakhs (Rupees Twenty Six lakhs) approximately. 4. On adjudication, Commissioner observed ....

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.... appeal for enhancement of the penalty. Assessee is also in appeal by way of cross objection, on the ground that the adjudicating authority has demanded and confirmed duty on the imported value of the missing goods where the duty was required to be calculated on the depreciated value. 6. As regards Revenue's appeal, we find that the Revenue has not been able to rebut the findings given by t....

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....ct does not call for higher imposition of penalty. The Revenue's appeal is accordingly rejected. 7. As regards the assessee's appeal, we note that Commissioner has observed that the assessee has not been able to establish proof of having utilized the goods for the intended purpose and therefore the question of allowing depreciation on such bonded goods does not arise. On the other hand ....