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2018 (7) TMI 1603 - AT - CustomsDemand of Customs Duty foregone - failure to achieve positive NFE within the communicated period of 5 years from the date of commencement of production - appellant were 100% EOU which were converted into SEZ unit - Held that:- Hon’ble High Court of Bombay in the case of Mavi Industrial Ltd. vs. Commissioner of Cus. & C.Ex, Thane-II [2013 (5) TMI 576 - BOMBAY HIGH COURT] has held that Before expiry of the extended period of LOP it is neither open to the Development Commissioner nor to the customs authorities to treat that the assessee had ceased to be a 100% EOU after the expiry of the first block of five years and consequently the question of enforcing the penal liability before the expiry of the extended period does not arise at all - appeal allowed - decided in favor of appellant.
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