2022 (12) TMI 1583

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....The appellants herein, are engaged in the manufacture of Optical Fibre Cables (OFC) and for that purpose, were registered with the Central Excise department in terms of Section 6 of the Central Excise Act, 1944 read with Rule 9 of the Central Excise Rules, 2002. The appellants had claimed the classification of the said excisable goods under Heading 8544 of the Central Excise Tariff Act, 1985. In the present case, the appellants had imported the raw materials required for manufacture of the OFC, by claiming the benefit of duty exemption provided under Notification No. 24/2005-Customs dated 01.03.2005. At serial No. 3 in the said notification, different description of items was considered for duty exemption. The goods classified under 854470 ....

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....Rs.82,17,348/- along with interest under Section 28 (2) of the Customs Act, 1962 read with Section 28AB ibid respectively. Besides, the impugned order has also imposed equal amount of penalty on the appellant's company under Section 114 ibid and penalty of Rs.10,000/- under Section 117 ibid on the other appellant Shri Rajesh Tatia, Senior Manager-Accounts of the appellant company. 1.5 Feeling aggrieved with the impugned order, both the appellants have preferred these appeals before the Tribunal. 2. Heard both sides and examined the case records. 3. We find that the appellants have not contested the classification of the imported goods under heading 9001. However, they pleaded that there is no suppression of fact and as such, the proceedi....