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2015 (10) TMI 418 - AT - CustomsFailure to fulfil export obligation – Imposition of Duty, Penalty and redemption fines –Appellant being 100% EOU failed to fulfil export obligation – In 2007 Development Commissioner allowed appellant to exit from 100% EOU scheme however, proceedings were initiated by Revenue proposing to demand duty foregone on imported/indigenously procured raw materials and capital goods culminating in impugned order imposing duty, penalty and redemption fine – Held that:- Notification No.13/81-Customs provided for payment of duty on raw materials and consumables imported by EOU in case of failure to either fulfil export obligation or to achieve NFEP – For period 1997-2002 appellants have not fulfilled obligation – For subsequent period, he was allowed to exit scheme – In view of observation, matter requires more detailed consideration – Matter to be reconsidered by Commissioner – Decided against Assesse.
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