2019 (5) TMI 1587

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....2006 and Notification No. 12/2012-CE dated 17.03.2012 for exemption from CVD. The Revenue sought to deny the benefit holding that the product imported by them is not "Ore" but "Concentrate". The appellant paid the entire duty along with interest. Ld. Counsel argued that the issue regarding distinguish between "Ore" and "Concentrate" is a contentious issue and there are numerous decisions where different criteria have been set for distinguish between "Ore" and "Concentrate". He pointed out that the distinguish between "Ore" and "Concentrate" appears in the explanatory Notes to HSN in following terms:- 2.1. He argued that HSN relies on the processes carried out on "Ores" to determine if the "Ores" have become "Concentrates" or otherwise. H....

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..... It is fact that the goods were described as "ore" by foreign supplier and the appellant have simply followed the said description. Moreover, the entire duty demand was available as cenvat credit to the appellant themselves. In these circumstances, we find that there is no intention to evade payment of duty. The appellant are not contesting the issue on merit. In view of above demand in so far as it relates to extended period is set aside. The corresponding interest also needs to be re-quantified. The redemption fine of Rs. 10 Lakhs in these circumstances appears excessive and the same is reduced to Rs. 10,000/- only. In view of lack of malafides, the penalty on M/s Panasonic Energy India Co. Ltd is set aside under Section 114(A). The pena....