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COMMISSIONER OF C. EX., PUNE Versus SEMCO ELECTRIC P. LTD.

2007 (5) TMI 392 - CESTAT, MUMBAI

EXIM - Import of moulds and dies, capital goods - Held that: - N/N. 53/97-Cus provides for levy of duty only on raw materials, components, spares and consumables for failure to achieve NFEP and there is no provision in the Notification for demand of .....

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, JJ. REPRESENTED BY : Shri Ajay Saxena, SDR, for the Appellant. Shri V. Sridharan, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - In the present appeal, the Revenue challenges the dropping of a demand of Customs du .....

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ion above-mentioned as on a loan basis and then converting the same into a purchase dispensation, but had at no stage got the NFEP revised or re-determined on the basis of its additional imports and violating the condition of Notification No. 53/97 b .....

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orded 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 .....

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ation 53/97 provides for levy of duty in the case of capital goods if such goods are not proved to the satisfaction of the Asstt. Commissioner or Dy. Commissioner to have been found installed or otherwise used within the bonded premises or re-exporte .....

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ot using them as above within the said period. Clause 6(iv) provides that in the case of raw materials..........(other than capital goods) procured duty free, duty can be levied if the unit fails to achieve Net Foreign Exchange Earning as a Percentag .....

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