2017 (3) TMI 829

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....to July 2010. On information received and further specific intelligence, the appellants were issued a show cause notice alleging that they had exported the products by wrongly classifying the products under product code 62 at serial no. 42 of DEPB schedule and thereby claiming higher rate of credit. The appellants paid the duty demand along with interest. However, after adjudication, the original authority held that the goods are liable for confiscation under Section 113(d) of the Customs Act, 1962 and imposed penalty of Rs. 3 lakhs apart from confirming the duty, demand and interest. 3. The appellants contested the imposition of penalty before the Commissioner (Appeals) and vide order impugned herein, the Commissioner (Appeals) held tha....

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....under product code no. 62 at serial no. 40 of the DEPB schedule and thereby they would be eligible only for less credit. This would not have come to light without the intervention of the department. It is also argued by the Ld. AR that the adjudicating authority though held that the goods are liable for confiscation in terms of Section 13(d), has discussed in para 24 and 26 that the goods are liable for confiscation under Section 113(i). That therefore, the observation of the Commissioner (Appeals) that the goods are liable for confiscation under Section 113(i) is legal and proper. He submitted that the penalty imposed is just and reasonable and therefore may be sustained. 6. I have heard the submissions made by both sides. In the Order-....