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2019 (6) TMI 1538 - CESTAT MUMBAI100% EOU - import of capital goods without payment of duty - non-fulfilment of export obligation due to recession in the international market - demand on the ground that the appellant had failed to achieve positive NFE and duty forgone proportionate to the ratio of unachieved NFE is required to be paid along with interest and penalty - paragraph (3) (d) (ii) of notification dated 31.03.2003 - HELD THAT:- Paragraph 4 in the said notification provides that removal of the capital goods from the place of installation in the EOU can be done subject to fulfilment of the conditions/limitations imposed in the Export and Import Policy. It has also been provided that capital goods can be taken to any other unit in a Special Economic Zone or to other Export Oriented Undertaking etc., without payment of duty for the purpose of manufacture and export of the final product. It is not the case of Revenue that the appellant had not complied with the above provisions laid down in the FTP and the HBP. Since, the capital goods were supplied by the appellant to the SEZ unit, duly approved by the Development Commissioner; the requirements of the Export and Import Policy have been duly complied with. Thus, the adjudged demands cannot be fastened on the appellant. Appeal allowed - decided in favor of appellant.
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