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2017 (9) TMI 1508 - AT - Customs100% EOU - appellant imported capital goods under N/N. 31/81-Cus. Appellant had sought an exemption for being a 100% EOU on imported capital goods in the year 1988; that the said machinery/capital goods were installed in appellants factory and manufacture goods and cleared for export till 1992 - denial of exemption on the ground of non-fulfillment of export obligation - Held that: - there is no dispute as to the fact the appellant has not complied with the export obligation under taken by him when they imported capital goods under N/N. 13/81-Cus. The entire exercise under taken by appellant as to that they are still a EOU as on 08.08.2006, when the DGFT authorities to action of suo-moto de-bonding and de-bonded their EOU, that value of the machinery will be zero if the depreciation is applied, is nothing but a facade - the appellant has no case on merits - appeal dismissed - decided against appellant.
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