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2017 (5) TMI 443 - AT - Customs100% EOU - value of depreciation on capital goods - demand - Held that: - the Circular No.49/2000-Cus. dt. 22.05.2000 is applicable to the period under dispute. In para-17 of the said circular, it is provide that depreciation upto 90% is eligible on capital goods other than computer and computer peripherals, at the time of debonding. Therefore contention of the department that N/N. 22/2003-CE and 52/2003-CE are applicable is factually and legally wrong. Non-accountal of goods - appellant has not accounted for these items taking the view that these are merely scrap - Held that: - Appellant has not offered any satisfactory explanation for not accounting duty on these items except raising contention that these are scrap - demand upheld. Difference in the quantity of baby receiving blankets - appellant claims it to be inadvertent error - Held that: - The Tribunal in the case of SHRI RENUGA SOFT X TOWELS Versus COMMISSIONER OF CENTRAL EXCISE, MADURAI [2008 (9) TMI 694 - CESTAT, CHENNAI] has set aside the confiscation and penalties and the proceedings have attained finality. The Tribunal has found that fabrics were in semi finished conditions and were not fit for removal as final product (baby receiving blankets) - thus, the difference in quantity is only an error and the demand raised on account of difference in quantity of baby receiving blankets, also do not sustain. Appeal allowed - decided partly in favor of appellant.
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