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2017 (12) TMI 1453 - CESTAT NEW DELHI100% EOU - non-fulfillment of export obligation - appellant were unable to procure the requisite foreign exchange in the initial period of LOP, fixed by the Development Commissioner - Held that: - the Central Board of Excise and Customs vide its Circular No. 21/95-Cus., dated 10-3-1995 has clarified that the liability of customs duty on goods imported by 100% EOU arises either at the stage of the unit being debonded or if any of the conditions of customs notification stand violated or remain unfulfilled - Admittedly in the present case, the Development Commissioner has extended the EOU status of the appellant till 2019 and hence it is not only premature on the part of the adjudicating authority to confirm the demand but is also without any basis - appeal allowed - decided in favor of appellant.
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