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2011 (3) TMI 745 - CESTAT, MUMBAIWaiver of pre-deposit - application for stay of recovery - Principle of natural justice - 100% EOU - the Development Commissioner himself had issued a show-cause notice dated 8-2-2005 to M/s. Galaxy Garments proposing penal action against them under Foreign Trade (Development & Regulation) Act and also proposing cancellation of Letter of Permission (LOP) - the appellants imported goods worth Rs. 18,84,92,401 without payment of duty by claiming benefit of Notification No. 53/97-Cus, but exported goods worth Rs. 75,95,000/- only - They did not even intimate the date of commencement of production of export goods to the Development Commissioner, nor did they submit the relevant documents to him under the Exim Policy provisions - It was by way of enforcement of this bond that the show-cause notice was issued for recovery of duty on the offending raw material. Prima facie, the Revenue can raise such demand of duty without invoking Sec. 28 of the Customs Act and, for that matter, without the bar of limitation - Decided against the assessee by way of direction to deposit 50% of the duty demanded
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