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2011 (1) TMI 466 - AT - CustomsWaiver of pre-deposit - 100% EOU - The impugned order also confiscated the capital goods procured by the appellant indigenously as well as through import and offered to redeem the same on payment of a total fine of Rs. 1,50,00,000 - As per Section 129E of the Customs Act, no pre-deposit is required in respect of the goods which are under the control of the Department to hear and dispose appeal impugning such order - prima-facie, the appellant is liable to pay back the exemption availed by it in respect of the raw materials/consumables procured under the EOU scheme and were the subject of the said order - In the instant case, there is no dispute that the assessee undertook processes such as stirring, stabilizing, testing, labeling and packing of Hydrogen Peroxide received before it was exported - Moreover, for the period 1-4–2002 to 31-3-2005, the Development Commissioner had dropped proposal to penalize the EOU for failure to achieve positive NFE and to discharge export obligation - Decided in favour of the assessee
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