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TMI Blog2012 (11) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... r that the issue of de-bonding as well as re-export and also the calculation of duty on the basis of latest decision pronounced by the Hon'ble High Court of Bombay in the case of M/s. Krishna Filaments [2008 (225) E.L.T. 427 (Bom.)] and all the issues were kept open. By the impugned order, the Commissioner has again confirmed the demand against the applicants. Therefore, the applicants are seeking waiver of pre-deposit. 2. The applicants are 100% EOU and also holding licence as a Private Bonded Warehouse for the purpose of storing imported and indigenous capital goods and related raw materials which were used for erection or installation of machinery within the said licensed premises. The said machineries were meant to be used for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly export goods of Rs. 398.86 lakhs only; thereby the creating shortfall of a export obligation by Rs. 1552.24 lakhs. A penalty of Rs. 10,000/- was imposed by the Development Commissioner for non-performance of the export obligation. The validity of LOP expired on 26-5-2002 and applicants did not apply for extension of validity of the same to the Development Commissioner. On 4-10-2004, the applicants made an application for de-bonding but till now the applicants have not received permission for de-bonding from the Development Commissioner. It is the contention of applicants that as no permission of de-bonding is granted, the unit still remains 100% EOU. A show-cause notice was issued by the department based on the allegation that the expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1998 and No. 43/98, dated 26-6-1998. 4. Heard the learned Counsel. 5. As per F.No. 305/136/92-FTT, Circulars No. 27/98 and 43/98 (supra), the EOU may de-bonded into a normal DTA unit subject to the approval of the Development Commissioner and following of prescribed procedure and fulfilling the conditions laid down. Such de-bonding is subject to penalty, if any, that may be imposed and payment of duties of Customs and Excise applicable at the time of de-bonding. The standard conditions of de-bonding, as indicated in the Handbook of Procedures provide, amongst other conditions, that the applicable customs and central excise duty would be paid on imported and indigenous capital goods, finished goods, raw materials, consumables, co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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