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2010 (5) TMI 503 - GUJARAT HIGH COURT100% EOU - demand and penalty - against stipulated value addition of 47% the petitioner had been able to achieve only 21.3% value addition (at one place stated to be 17.15% / 16.26%). The shortfall was thus to the extent of more than 50% of the stipulated limit as the petitioner was not in a position to complete manufacture and achieve export of almost 26% within the period of remaining three months. - petitioner was called upon to pay the demand and penalty was levied before the stipulated period of one year was over, suffice it to state that the petitioner was not in a position to comply with the stipulated limit of value addition even if the authorities had granted further time to the petitioner - authorities have taken action within the period of one year no prejudice has been caused to the petitioner – Petition rejected
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