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2018 (12) TMI 619 - AT - CustomsEOU Scheme - development of software for export to outside India - depreciation on removal of capital goods - Held that:- N/N. 140/91-Cus., dated 22.10.1991 exempts specified goods, when imported into India by the software development unit, for the purpose of development of software etc. The central excise duty exemption has also been provided under Notification No.1/95, dated 4.1.1995 for domestically procured capital goods for use in development of software for the purpose of export. The duty exemption provided in the said notifications is subject to certain conditions. It is an admitted fact on record that during the course of visit by the Central Excise officers to the unit of the appellant, the registered premises was in possession of some other entity and not with the appellant. Thus, it is evident that as per the condition of the notification as well as the terms of the bond, the appellants had not fulfilled the conditions of use of capital goods/equipment for development of software, meant for export - confirmation of duty/interest demand by the authorities below cannot be faulted with. Depreciation on removal of capital goods from the factory - Held that:- The submissions of the appellants regarding value of depreciated capital goods have not been considered and the duty demand has been confirmed in entirety - the matter should be remanded to the learned Commissioner (Appeals) for examination of such worksheet and other documents for computation of the duty liability afresh. Appeal allowed by way of remand.
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