2024 (12) TMI 1038

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....ailed by the appellant against EPCG authorization for the import of goods under Notification No.97/2004--Cus. dated 17.09.2004. In the same order, the Adjudicating Authority has demanded Customs duty of Rs.1,13,36,651/-- and interest and ordered confiscation of the capital goods in terms of Section 111 (o) of the Customs Act, 1962, giving option of redemption on the payment of redemption fine of Rs.10 lakhs. Penalty under Section 112 (a) ibid was also imposed. 2. Heard Ms. Swetha R.S., Ld. Advocate for the Appellant and Smt. O.M. Reena, Ld. Additional Commissioner for the Respondent. 3. Ms. Swetha, Ld. Advocate would submit, without disputing the facts, that the appellant chose to avail the benefit of Amnesty Scheme by Public Notice N....

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....Foreign Trade Policy. 2004-2009 and before, the coverage is limited to those authorizations whose Export Obligation Period (original or extended) was valid beyond 12-8-2013. (II) The Scheme i. The scheme is called "Amnesty scheme for one time settlement of default in export obligation by Advance and IEPCG authorization holders" ii. All pending cases of the default in meeting Export Obligation (EO) of authorizations mentioned in para (l) above can be regularised by the authorisation holder on payment of all customs duties that were exempted in proportion to unfulfilled Export Obligation and interest at the rate of 100% of such duties exempted. However, no interest is payable on the portion of Additional Customs Dut....