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2016 (12) TMI 1501 - AT - Customs100% EOU - Fulfillment of export obligation - installation of machinery - import under EPCG scheme - Notification No. 49/2000-Cus. dated 27.3.2000 - Held that: - Since the appellants have put the goods imported to use and have partially fulfilled the export obligations, it is not proper to deny the benefit due to partial fulfilment of export obligations and demand the entire duty - Secondly, the duty has been demanded without taking into account the depreciated value. This is not correct. In the present case, the capital goods have been put to use by the appellants. Therefore, at the time of de-bonding, duty can be demanded only on the depreciated value - Further, the non-fulfilment of export obligation is on account of the business conditions prevailing at that time and not on account of any mala fide act. In such circumstances, imposition of penalties is not justified - redemption fine and penalties set aside. The duties of customs are payable at the time of importation of the goods. Admittedly, the capital goods were imported by the appellant on 28.12.2000 and the same has been in the custody of the appellant; therefore, the appellant is liable to pay duty chargeable as on 20.12.2000. Consequently, the plea of the appellant that depreciated value of the machine is to be taken as basis for the duty is not acceptable. Appeal disposed off - decided partly in favor of appellant.
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