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2020 (3) TMI 424 - AT - Customs100% EOU unit - Debonding - Demand of Differential Duty - allegation that the appellant is liable to pay duty at the rate prevailing at the time of import/procurement of the goods, whereas appellant paid the duty at the rate prevailing at the time of debonding of the unit - benefit of N/N. 52/2003-Cus dated 31.03.2003 and N/N. 22/2003-CE dated 31.03.2003. HELD THAT:- The issue decided in the case of SAHUWALA HIGH PRESSURE VERSUS COMMISSIONER OF CUSTOMS, AND SERVICE TAX VISAKHAPATNAM– CUS [2020 (3) TMI 272 - CESTAT HYDERABAD] where it was held that for imported capital goods, the appellant is liable to pay duty at the rate of duty prevailing on the date of debonding and the appellant is liable to pay duty for indigenously procured capital goods at the rate of duty prevailing on the date of debonding. Thus, for imported capital goods, the appellant is liable to pay duty at the rate of duty prevailing on the date of debonding - the appellant is liable to pay duty for indigenously procured capital goods at the rate of duty prevailing on the date of debonding - no interest is payable by the appellant. The Revenue is directed to calculate the duty at the rate prevailing on the date of debonding. If any, amount is payable by the appellant, the same is shall be paid within one month - appeal disposed off.
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