2007 (1) TMI 44

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..... sed by the Commissioner of Customs (Appeals), Bangalore. 2. The appellants are a 100% EOU. In view of adverse market conditions, they wanted to go out of the scheme of 100% EOU. Therefore, they approached the Development Commissioner, who issued a letter dated 27-3-2002 permitting the appellant unit to withdraw from 100% EOU scheme. Consequently, duty of Rs. 2,09,433/- was paid, being duty on the .....

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..... ents appeal. The appellant is aggrieved over the impugned order. 3. Shri K. Krishnamurthy, learned Consultant appeared for the appellants. He said that though the unit got the permission for de-bonding, the appellant did not complete the exit formalities as per EXIM policy. They continue to function as 100% EOU and therefore, the grant of refund is in order. 4. The learned JDR Shri Anil Kumar po .....

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..... completed. Moreover, the de-bonding permission by the Development Commissioner has lapsed. Hence, the unit is continuing as EOU and that position has been confirmed by the Development Commissioner in his letter dated 9-12-2004. As the unit continues to function as EOU, the grant of refund of duty paid on capital goods is in order. Hence, we set aside the impugned Order-in-Appeal and allow the par .....

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