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2018 (1) TMI 1474 - AT - Customs100% EOU - non-fulfillment of export obligation - Net Foreign Exchange Performance - appellant has complied the export obligation during the extended period - Held that:- The original period of five years was extended by the competent authority for another five years and during the extended period the appellant has fulfilled its obligation and was declared as the positive NFEP earner. To this effect necessary certificate was issued by the Development Commissioner, Noida which was neither rebutted nor contravened by the departmental authority. Hence, in this regard the finding in the impugned order appears reasonable - decided against Revenue. Demand of duty and penalty - Held that:- It appears that appellant has not deposited the duty and penalty. They have not contested the amount of duty which was paid on the raw material. Hence, in the circumstances, the penalty appears reasonable. So, the appeal filed by the assessee is dismissed. T Both appeals dismissed.
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