2018 (8) TMI 1242

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....vocate for the Assessee. Shri M. Chandra Bose, Additional Joint Commissioner, Shri Dass Thavanam, Superintendent (AR) for the Revenue. ORDER [Order per: M.V. Ravindran] These appeals are directed against Order-in-Appeal No. HYD-CUS-000-APP-072-17-18 dated 10.08.2017. 2. The appellant is a 100% EOU who is engaged in the manufacture/ processing of ophthalmic lenses/spectacle lenses. T....

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....ise Intelligence, Hyderabad Zonal Unit, a show cause notice was issued to the appellant to confiscate the imported machinery and to demand an amount of Rs. 47,66,416/- being the duty not paid along with interest due thereon apart from the proposal to impose penalties on the appellant company and its Non-Executive Chairman and General Manager (T) under Sections 112 and 117 of the Customs Act, 1962.....

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....such an order, an appeal was preferred before the First Appellate Authority. The First Appellate Authority after following due process of law, as reduced the penalty imposed but upheld the Order-in-Original on the confirmation of the demands so raised. Revenue is aggrieved and is in appeal on such reduction of penalty while importer appellant is in appeal on merits. 4. Learned Counsel appearing....

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....ction 58 of the Customs Act, 1962 read with Notification No. 52/2003 -CUS in relation to capital goods which were imported without payment of duty. 7. I find that there is no dispute that the capital goods which were imported without payment of duty claiming the benefit of Notification No. 52/2003 were transferred out of the EOU after their importation and bonding in the EOU. Though, there is a....