TMI Blog2011 (1) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... rder - In the instant case, there is no dispute that the assessee undertook processes such as stirring, stabilizing, testing, labeling and packing of Hydrogen Peroxide received before it was exported - Moreover, for the period 1-4–2002 to 31-3-2005, the Development Commissioner had dropped proposal to penalize the EOU for failure to achieve positive NFE and to discharge export obligation - Decided in favour of the assessee - C/567/2009 - 77/2011 - Dated:- 25-1-2011 - S/Shri M.V. Ravindran, P. Karthikeyan, JJ. REPRESENTED BY : Shri G. Shivadass, Advocate, for the Appellant. Shri D.P. Nagendra Kumar, Jt. CDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)]. This application filed by M/s. Chemasia Industries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osal to penalize the EOU for failure to achieve prescribed NFE and to fulfill export obligation during the second block 1-42002 to 31-5-2005. In November, 2006, the Development Commissioner granted in principle permission to the appellant to exit from the EOU scheme. Vide Order dt. 12-11-2007, the Development Commissioner issued final exit order to the appellant enabling it to exit from the EOU scheme. 4. After hearing both sides, we find that the appellant had installed the capital goods procured and used it manufacture of final products exported. As per Notification 13/81-Cus. and 53/97-Cus. governing procurement of capital goods under EOU scheme, the exemption availed on capital goods was not liable to be recovered if the same were ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2001, we observe that the Development Commissioner had found that the EOU had failed to discharge export obligation and to achieve the requisite NFE. He imposed penalty on the EOU. Therefore, prima-facie, the appellant is liable to pay back the exemption availed by it in respect of the raw materials/consumables procured under the EOU scheme and were the subject of the said order. Duty due on these goods is not available in the impugned order. 7. As regards the finding that the assessee was not entitled to the exemption extended to goods procured under the EOU scheme in respect of Hydrogen Peroxide exported for the reason that the assessee had exported the same material as procured under the EOU scheme, we observe as follows. As per the E ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
