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2014 (7) TMI 455 - HC - Customs100% EOU - benefit of the DTA Scheme - debonding - conversion of free shipping bills into Advance Licence/DEPB/DFRC shipping bills - revenue submitted that, while transcending from EOU regime to that of the DTA, the Revenue had no occasion to verify whether in fact the inputs in respect of which draw-back is sought to be claimed after amendment were in fact used. - Tribunal allowed the benefit - Held that:- the verification which preceded issue of no objection certificate and the final debonding order was with respect to the benefits that could have been availed by the assessee as an EOU Unit. At that stage, the authorities had no occasion to verify whether inputs had been sourced in a proper manner as to entitle the draw back or any other benefit that a DTA unit could legitimately claim. In that sense, the ruling of this court in M/s Terra Films (2011 (4) TMI 13 - DELHI HIGH COURT) is decisive on the point. This Court is of the opinion that consequently the appeal has to succeed. Since the documents and materials which were apparently available when the exports were made, to substantiate the assessee’s claim for DTA benefits have concededly not been gone into, it would be appropriate that this aspect be duly considered by the Tribunal. - matter remanded back to CESTAT - Decided in favor of assessee.
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