- (1.) Heard.
(2.) Challenge in this appeal is to the order passed by Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Mumbai (in short CESTAT ) allowing the appeal filed by the appellant.
(3.) Background facts in a nutshell are as follows: Appellant acquired and/or purchased transferable Value Based Advance Licenses (in short VABAL ) including a License dated 19.1.1993 issued in the name of M/s. Amar Taran Exporter, New Delhi. Same was purchased, on 20.4.l994. Appellant on the basis of that imported consignment vide Bill of Entry No. 881 dated 30.3.1994. Same was allowed duty free allowance. By show cause notice dated 04.03.1999 appellant was called upon to show cause why an amount or Rs. 16,74,702/- could not be recovered and demanded in terms of proviso to Section 28(1) of the Customs Act, 1962 (in short the Act ) for alleged contravention of certain conditions of Notification No. 203/92-Cus dated 19.05.1992. Noticee denied the allegations. However, Commissioner of Customs (Import) confirmed the demand along with interest and penalty of Rupees One lakh. Same was held to be jointly payable by the original license holder and licensee. It was held that goods were liable in confiscation under Section 111 of the Act. As the goods were not available penalties of Rs. 3 lakhs and Rs. 1 lakh were levied under Section 112(a) of the Act.;