2017 (4) TMI 1200

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....e has confirmed the duties against M/s. Vaibhav Global Limited along with imposition of penalty. In addition, penalties stand imposed upon Shri Rahim Ullah, Managing Director of the Company as also on Shri Girdhari Lal Sharma, employee. 2. As per the facts on record, M/s. Vaibhav Global Limited (hereinafter referred to as VGL), is a 100% EOU, engaged in the manufacture and export of stone studded gold jewelry and is goverened by the provisions of Notification No.52/2003-Cus dated 31.03.2003 as also various subsequent notifications, read with the circulars vide which he was allowed the duty free imports of the raw materials, along with other goods. The said imported raw materials are required to be used in the manufacture of final product....

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....of the assessee and by observing that the appellant could not produce copies of the Customs attested invoices, shipping bills, bank realization certificate and the other relevant documents proving export, the demand was confirmed. 5. At this stage, ld. Advocate submits that subsequent to passing of the present impugned order, they have made efforts and procured the relevant documents from the Port of export, area office of the Assistant Commissioner and as such the documents are in their custody. For the said demand he prays to remand the matter once again to the original adjudicating authority for examination of the said documents. 6. Ld. DR submits that the adjudicating authority has already carried out the directions of the Tribuna....

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....welry and it can vary from pattern to pattern. In some cases, they have claimed less wastage which is to the tune of around 1 to 2% also. Further submits the ld. Advocate that the Commissioner himself has given the findings that the imported goods were fully utilized in the manufacture of the new gold jewelry, as such there is no question of confiscation. In this scenario, confirmation of demand of duty on the excess wastage, which is actually occurred, is neither justifiable nor warranted. Countering the arguments, ld DR submits that the law permits standard wastage of 9% and the claim of higher wastage by the appellant is in contravention and as such, the Commissioner has rightly confirmed the demands. 9. After appreciating the subm....