Export Licensing Scheme Dispute: Duty Liability Upheld, Penalties Reduced Due to Insufficient Evidence of Intentional Non-Compliance

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....CESTAT adjudicated a case involving non-fulfillment of export obligations under the Advance Licensing Scheme. The tribunal dismissed the primary appeal regarding customs duty demand, finding no infirmity in the original order. While upholding the duty liability, the tribunal set aside penalties imposed on the managing director and senior manager due to insufficient evidence demonstrating intentional non-compliance. The decision emphasized that export obligations must be met within prescribed timeframes, and accepting belated claims would undermine the legislative intent of duty-free import and export promotion schemes. Appeals were disposed of with consequential legal implications.....