2023 (6) TMI 162

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....02 of 2014, whereby appeal filed by the present respondent-assessee (M/s Jindal Drugs Ltd.) against the order demanding customs duty and imposing penalty and redemption of fine, has been allowed. Brief facts of the case are that the respondent-company is engaged in manufacturing of excisable goods i.e. Coco Butter and its factory is situated in the State of Jammu & Kashmir. The Joint Director, DGFT had issued advance authorization dated 24.01.2007 for duty free clearance of Cocoa Paste. Total one lakh MTs of Cocoa Butter was required to be exported. Against the said advance authorization, the respondent imported 100 MT of Cocoa Paste vide two bills of entry duty free in terms of notification dated 10.09.2004. Due to an accident beyond the ....

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.... was lost. It was alleged in the show cause notice that 100 MT of Coco Butter paste (50 MT of each against the bill of entry dated 26.04.2007 and bill of entry dated 09.05.2007) were shown as lost without providing any basis for the same. As the imported goods were not used for manufacturing of the goods, which were to be exported, therefore, duty was sought to be demanded. By way of impugned order, the demand of duty was confirmed on the ground that imported goods were not used in the manufacture of goods exported. Therefore, the respondent was liable to pay duty on the imported goods along with interest and it was ordered for confiscation of the Cocoa Paste imported by the appellant and redemption fine of Rs. 75,00,000/- was imposed. Apar....