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2010 (4) TMI 696 - HC - CustomsEPCG scheme – import of capital goods with export obligation - Duty liability - Bank Guarantee was executed before issuance of the licence and goods were released for home consumption, subject to the conditions that the entire Bank Guarantee would be paid if no import licence is issued - petitioner not complied with the conditions - respondent refused to issue the import certificate as the petitioner company was not found eligible for the certificate - Customs authorities entitled to collect the entire duty liability involved in import of capital goods Para 197 never said that the cases with no export performance or little export performance shall also be considered. The question of fulfilling the export obligations within a given period, arises only when import licence certificate is issued by the licensing authority. Further, the question of fulfilling export obligations, does not arise in this case, since the licence was not issued to the petitioner, as the petitioner company failed to satisfy the requirement for import as per the existing policy provisions.
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