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2014 (8) TMI 212 - CESTAT NEW DELHIClearance of capital goods imported duty free for use in NEPZ - Valuation of goods - Commissioner held that duty shall be leviable on the depreciated value of the capital goods - violation of the terms of relevant Customs Notification No.133/94, dated 22.06.1994 read with Notification No. 339/85-Cus dated 21.11.1985 - Held that:- real controversy was whether the assessee had utilised the capital goods in accordance with the terms of Notification. But the issue framed by the Tribunal was altogether different. The issue framed erroneously was answered as the date debonding is the material date for the purpose of rate of duty for clearance of goods on payment of duty. The appeal was thus allowed by way of remand for re-calculating the amount of duty. Unfortunately, Revenue did not file appeal against this order - When the matter touches the root and Show Cause Notice alleges that no manufacture and export of end product was done for which duty forgone on the imported capital goods was sought to be recovered, that calls for a detailed examination of the entire material evidence on record to enquire whether the capital goods allowed to be imported by the assessee duty free were installed in NEPZ and utilized for any manufacturing activity carried out and whether export of end product was made - Following decision of appellant s own case reported in [2002 (8) TMI 369 - CEGAT, NEW DELHI] - matter remanded back - Decided in favour of assessee.
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