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2008 (7) TMI 195 - AT - CustomsDemand, confiscation and penalty on ground of non-fulfillment of Export obligation (EO) – prior to issue of SCN or prior to the adjudication by the Commissioner, the jurisdictional Development Commissioner had not given any definite finding that the appellant-company has failed to meet the EO - Moreover, appellant, is presently undergoing rehabilitation and was part of a study on sick floriculture units commissioned by APEDA – hence, demand confirmed by Commissioner Customs is premature
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