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2016 (11) TMI 409 - AT - Central ExciseRefund - EOU - EPCG licence - Held that: - the Policy circular dated 13.5.2005 issued by DGFT which states that the matter has been consulted with CBEC and it is clarified that the goods cleared from EOU under EPCG scheme would attract central excise duty which are aggregate of effective customs duty leviable on like goods imported i.e. duty calculated after applying end use based notification and as per circular dated 15.9.1994 issued by CBEC - It was clarified that EOU can clear the goods under EPCG scheme at concessional rate of duty and there is no requirement for any other separate exemption notification in this regard. Regarding the refund of duty on finished goods, cleared for DTA, the contention of the Revenue is that during the period between date on which no dues certificate issued by the Customs and date of final de-bonding order of the Development Commissioner, unit shall not entitled to claim any exemption for procurement of capital goods or inputs - Decided in favor of the assessee.
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