TMI Blog2008 (12) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... lant is a 100% EOU from 2002 onwards. They imported right from the inception several machineries under the 100% EOU scheme for manufacture of components and subsequent export. They had attained positive value addition in terms of Net Foreign Exchange earnings. The total CIF value of the imports was of the order of Rs. 500/- lakhs whereas the FOB value of the exports was Rs. 7122/- lakhs. The imported machineries were of secondhand machineries. It so happened that out of the 199 machineries imported, 21 machineries developed certain minor problem and needed repair. Since there was no sufficient space to accommodate the machineries, consequent to the import of additional machineries, the appellants wanted to shift imported machineries to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (d) to pay on demand - (I) an amount of equal to duty leviable on the goods and interest at a rate as specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue) issued under Section 28AB of the said Customs Act on the said duty from the date of duty free import of the said goods till the date of payment of such duty, if- (i) in the case of capital goods, such goods are not proved to the satisfaction of the said officer to have been installed or otherwise used within the unit, within a period of one year from the date of import or procurement thereof or within such extended period not exceeding five years as the said officer may, on being satisfied that there is sufficient cause for not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d it could not be said that they have became completely defunct and worthless. In fact the appellants requested the authorities time and again to permit or allow them to undertake repairs and putting them to use, which was actually turned down by the authorities. It is stated in the impugned order that the extension was sought only to claim 100% depreciation before de-bonding, is an assumption without any evidence. It was also argued that demanding duty when the goods at still in bond is rather premature. Several case laws were cited. 4. On the other hand the learned departmental representative stated that the appellant did not fulfill the conditions of the bond. They had made false statement only to gain the benefit of the depreciation. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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