9911796707
TMI Blog2023 (8) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... case are that the proceedings were initiated against M/s NALCO Limited, a 100% EOU, Nalco Nagar, Angul, holder of private Bonded Warehouse for wrong availment of exemption in contravention of provisions of Notification No.1/95-CE dated 04.01.1995, Notification No.22/03-CE dated 31.03.2003 as amended by Notification No.53-97-Cus dated 03.06.1997 and Notification No.52/2003-Cus dated 31.03.2003 as amended read with Para 6.5 of the Foreign Trade Policy 2004-2009 inasmuch as they failed to achieve the minimum NFEP under 6.5 of Chapter 6 of Foreign Trade Policy, 2004-2009, 6.10.1 of Hand Book Procedure Volume I of Foreign Trade Policy 2004-09. 2.1 The respondent is a Public Sector Undertaking under the Ministry of Mines, Government of India and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tails were submitted to the jurisdictional Deputy Commissioner of Central Excise & Customs, for his confirmation. Upon confirmation of the liability by the Deputy Commissioner, the amount was deposited by the respondent. The said duty liability was computed at the prevailing rate of 5% of BCD fixed under Para 5.1 of the Foreign Trade Policy. No dues Certificate was issued by the Deputy Commissioner of Customs & Central Excise, Cuttack Division. 2.7 Thereafter, on 15.05.2007, the final De-Bonding order was issued by the Deputy Commissioner and 100% EOU ceased to exist and merged with the respondent's Smelter Unit (DTA Unit) to operate under the EPCG Scheme and fulfill its obligation under the said Scheme. 2.8 Thereafter, on 08.06.2007, a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Foreign Trade Policy, 2004-09 on 07.02.2007 and after payment of duty, no dues certificate was issued. The show-cause notice was issued and the adjudicating authority has gone into this case and development taken before the Development Commissioner as well as the payment of duty by the respondent at the time of opting out from EOU Scheme to EPCG Scheme and the adjudicating authority dropped the proceedings against the respondent. 7. We further take note of the fact that after adjudication, the respondent has fulfilled their export obligation and obtained for EODC on 09.03.2018. 8. In that circumstances, no proceedings are sustainable against the respondent. 9. Accordingly, we dismiss the appeal filed by the Revenue and also disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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