BHORUKA TEXTILES LTD. Vs. COMMISSIONER OF CUSTOMS, BANGALORE

JUDGEMENT

(1.) THIS appeal has been filed against Order -in -Original 43/2004 Cus. Adjn. dated 27 -12 -2004 passed by the Commissioner of Customs, Bangalore.

(2.) THE appellants imported Draw Frame -RSB -D 30 with Accessories and set of spares parts valued at Rs. 24,02,497/ - under the EPCG Scheme in terms of Notification No. 29/97 -Cus. dated 1 -4 -97. Revenue issued Show Cause Notice to the appellant for violation of the conditions prescribed at proviso (a) to the Condition No. 5 of the said Notification. In terms of the said condition, the EPCG licence holder should have imported minimum CIF value of Rs. 1/ - crore within a period of two years. The Show Cause Notice proposed to confiscate the impugned goods under Section 111(o) of the Customs Act. Penalty under Section 112(a) was also proposed. An addendum to the Show Cause Notice was issued for demanding customs duty amounting to Rs. 10,52,673/ -. Appropriate interest as provided in the Notification was also demanded. There was also a proposal to appropriate an amount of Rs. 11/ - lakhs by invoking the bank guarantee towards the adjudication levies. After following the normal procedure, the Commissioner passed the impugned order confirming the proposals in the Show Cause Notice. The appellants are highly aggrieved over the impugned order.

(3.) SHRI Rajesh C. Kumar, learned advocate appeared for the appellants and urged the following points.