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2011 (3) TMI 955 - AT - CustomsExport obligation - Commissioner observed that there was failure in fulfilling the export obligation in respect of the capital goods involved and the Development Commissioner had punished the EOU - Note that in the Solitaire Machine Tools P. Ltd. 2002 (11) TMI 165 - CEGAT, MUMBAI, found to apply to the instant case by the Commissioner(Appeals), the Tribunal had held that in terms of Notification No.13/81, the assessee was liable to pay duty on the capital goods obtained under the EOU scheme on the depreciated value and depreciation was admissible upto the date of payment of duty. As regards the liability to confiscation of the capital goods involved, find that as per the impugned order, the assessee had discharged the export obligation attached to the impugned goods upto 1996; violation, if any, occurred after 1996 - As the export obligation attached to the impugned goods at the time of import was discharged by 1996, the goods may not be liable for confiscation under Section 111(o) of the Act on a finding that the exemption allowed at the time of import was conditional upon the EOU discharging export obligation and the same had not been fulfilled by the EOU after import - As the confiscation stands penalty under Section 112(a) of the Act is consequential and cannot be waived.
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