INDIAN FURNITURE WORKS Vs. COMMISSIONER OF CUSTOMS, BANGALORE

JUDGEMENT

(1.) THIS appeal has been filed against the Order -in -Original No. 20/2003 -Cus., Adjn dated 30 -10 -2003, passed by the Commissioner of Customs, Bangalore.

(2.) THE Commissioner in the impugned order has held that the appellants, a 100% E.O.U., have not utilized the consumables and spares valued at Rs. 7,56,461/ - imported during the year 1985 -86 and 1986 -87 for utilization in the exports and therefore he demanded appropriate duty amounting to Rs. 7,63,572/ - along with interest at 12% which works out to Rs. 3,74,311/ -. Further he has imposed a penalty of Rs. 1,00,000/ - under Section 112(a) of the Customs Act, 1962 for violation of Section 111(o) of the Customs Act. He has appropriated the deposit of Rs. 12,00,000/ - against the above said adjudication levies under Section 142(1)(a) of the Customs Act, 1962. The appellants strongly challenge the findings of the Commissioner. Hence they have come before this Bench for relief.

(3.) SHRI Varadarajan, learned Advocate appeared on behalf of the appellants and Shri Anil Kumar, learned JDR appeared for the Revenue. The learned Advocate urged the following points : -