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2008 (12) TMI 160 - CESTAT, NEW DELHI100% EOU – Debonding of Export Oriented Units – Demand of Duty on capital goods imported free of customs duty on depreciated value – Demand of duty is not in dispute but demand of interest on duty is in dispute – EOU applied to the CBEC (Board) for waiver of interest, but no reply from the board - The Board in exercise of its power under Section 61(2) issued a Notification No. 67/95-Cus. (N.T.) exempting the interest accrued from the customs duty payable on the capital goods imported by warehouse 100% EOU. The Board issued a Circular No. 31/96-Cus. dated 7-6-96, wherein it was clarified that the goods warehoused prior to the amendment of Customs Act, 1962 are also eligible for waiver of interest accrued on duty, even if the goods have been cleared for home consumption after the date of issue of notification i.e. 1-11-95 – Held that since, no finding has been given by the Commissioner (Appeals) regarding applicability of the Notification and circular – impugned order is set aside and the matter is remanded to the C(A) for de novo decision
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