TMI Blog2018 (2) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... y way of change of opinion and accordingly, the said notice is bad and not maintainable - also, it is evident from the facts that on the record that the consent of authority, namely the Development Authority have not been obtained and as such the show cause notice is bad on this score also - appeal allowed - decided in favor of appellant. - C/463/2011-CU[SM] - -A/71897/2017-SM[BR] - Dated:- 28-7- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the NFE to be achieved. 2. As per SCN dated 14/05/2009 the appellant was allowed de-bonding on 14 March, 2006 in response to their application dated 8 March, 2006 on the satisfaction recorded by the Development Commissioner of NSEZ, Noida and communicated by the Assistant Commissioner, Central Excise Division-I, Ghaziabad vide letter dated 14 March, 2006 that they are permitted to de-bon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,25,39,839/-, as against CIF value, imports value given by the party was ₹ 3,79,82,862/-. As per the export documents total FOB value of export was ₹ 4,11,66,201/-. Thus, the Net Foreign Exchange earning was not achieved by the party. The NFE was in minus by ₹ 13,73,638/-, as per the provisions of Notification No. 52/2003 and accordingly, the appellant is liable to pay Customs Du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elying on Ministry of Finance, Circular No. 29/95 Cus., dated 10 March, 1995 observed that the Circular makes it very clear that even in the event of failure to make or continue exports, the Development Commissioners recommendation is required before duty demands can be confirmed by the Customs Authorities. In this case, it is evident from the facts that on the record that the consent of auth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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