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2000 (6) TMI 76

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..... 11,727/- under the Customs Act, 1962 and Rs 2,40,356/- under the Central Excise Act, 1944, Interest @ 20% on the Customs duty of Rs 1,47,787/- involved, and penalty of Rs. 20 lakhs under the Customs Act, and Rs. 25,000/- under the Central Excise Act. 2. The basic issue concerns non-fulfilment of the minimum value addition of goods exported by this 100% EOU and hence order impugned has confirmed .....

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..... esent case, the Development Commissioner, Visakhapatnam has not arrived at conclusion that the unit be de-bonded. Therefore, at this stage M/s. PGL cannot be de-bonded". 2. The learned Counsel submits that as against this, by letter dated 8-6-2000, copy of which is submitted in the Court today, office of the Development Commissioner Visakhapatnam Export Processing Zone has extended EOU status be .....

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..... it had not exported any fixed percentage of the goods during the specified period, the demand for non-fulfilment of the condition of the Notification etc. was premature and order was set aside. In the said case the Tribunal had also considered the fact that the Development Commissioner had not approved the de-bonding of the unit and that the importers had applied for extension of the validity peri .....

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..... d stay of recovery thereof. 6. We find that it is not disputed that the authority clothed with the powers under the law to de-bond the 100% EOU i.e. the Development Commissioner etc. have not ordered to do so. On the contrary it is clear from the records submitted by the learned Counsel in the Court today that the said Development Commissioner has been pleased to extend the validity of the 100% .....

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