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2007 (5) TMI 392

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..... tal goods in the event of unit failing to achieve NFEP - demand set aside - appeal dismissed - decided against Revenue. - E/3329/05 & E/CO/269/06 - A/329-330/2007-WZB/C-I/(EB) - Dated:- 1-5-2007 - Ms. Jyoti Balasundaram, Shri K.K. Agarwal, JJ. REPRESENTED BY : Shri Ajay Saxena, SDR, for the Appellant. Shri V. Sridharan, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, .....

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..... and in Para 97 of the impugned order wherein he has recorded that the conditions of Notification No. 53/97-Cus. have not been violated by the respondents in relation to the moulds and dies for the reason that the capital goods viz. moulds and dies were installed and used in the factory of the respondents for the manufacture of export articles and it is only in the event of non-installation and non .....

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..... ed duty free, duty can be levied if the unit fails to achieve Net Foreign Exchange Earning as a Percentage of Exports (NFEP) and Export Performance (EP) as specified in Appendix 1 of the Exim Policy within one year of importation or procurement of such goods or within such extended period not exceeding one year as the Asstt. Commissioner or Dy. Commissioner may allow on being satisfied that there .....

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