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2017 (9) TMI 905 - AT - CustomsEPCG scheme - N/N. 111/95-Cus dated 05.06.1995 - import of Capital Goods - zero rate of duty - denial on the ground that condition No. 6 of the Notification has not been fulfilled - Held that: - both zero rated EPCG licences were meant for the same export products and the total utilized value of both the zero duty licences put together exceeds ₹ 20 Crores, the Committee decided to permit the appellant to retain the facility of zero duty benefit against EPCG licence dated 11.10.96. The capital goods which were imported have been put to intended use and the goods manufactured out of the same have been exported and the obligation of export has been discharged duly by the licensing authority vide letter date4d 24.10.2005. The said letter recognizes the fulfillment of export obligation under the EPCG licence dated 11.10.96 and advised the appellants to approach the customs authorities for release of B.G./LUT executed - In the present case, there is no findings that the said licences were held to be invalid by any competent authority. We are not in agreement with the findings of the original authority who declined to consider the communications issued by the licensing authority and proceeded on independent interpretation on Customs Notification, which does not stand legal scrutiny. The licence which was validated is for the said notification only. Demand set aside - appeal allowed - decided in favor of appellant.
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