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2009 (12) TMI 396 - AT - CustomsConfiscation and Penalty- . The EOU commenced commercial production from 19-11-1995 but failed to fulfill the export obligation. As such, the assessee appeared to have contravened the conditions (3) & (4) of the Notification No. 13/81-Cus., dt. 9-2-1981 as amended and contravened the conditions of Notification No. 1/95-CE, dated 4-1-1995 as amended for duty free procurement of indigenous goods. Appellant submitted that they were fored to close down the business owing to problems such as lack of orders, internal competition, low prices and working capital. Held that- order confiscating the capital goods and raw material and imposing redemption fine and penalty on EOU, set aside.
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