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2023 (6) TMI 142 - CESTAT MUMBAIDate of debonding of the EOU - depreciation on account of capital goods should have been allowed only up to the date of cancelation of warehousing license that is 31.12.2002 and not thereafter, or not - HELD THAT:- Revenue has filed this appeal relating upon para 5.4 without taking into account the observations made in earlier para 5.1 it is quite clear that the unit was working as and EOU which beyond 31.12.2002 and has achieved – NFE thereafter. As unit continue to work as EOU a warehousing license would have been extended thereafter also accordingly we do not find any merits in the appeal were by demand is to be made by determining depreciation up till 31.12.2002. It is also noted that the exemption notification also do not require the determination of duty on the date of expiry of warehousing license but it is till the date of payment of duty that is for Commissioner has held. There are no merits in the appeal filed by the Revenue which is dismissed.
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