https://www.taxtmi.com/caselaws?id=214540 Duty demand for alleged shortfall in NFEP under Notification No. 02/95-CE was premature where the five-year period from commencement of commercial production had not yet expired. Paragraph 9.29 of the Export-Import Policy 1997-2002 required NFEP to be worked out annually and cumulatively over that five-year block, and no definite finding of non-fulfilment had been recorded by the Development Commissioner. In the absence of a completed review by the competent authority on breach of export conditions, denial of the exemption and recovery of duty could not be sustained at that stage. en-us Tue, 12 Jun 2012 00:00:00 +0530 Thu, 05 Jul 2012 15:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=214540 Duty demand for alleged shortfall in NFEP under Notification No. 02/95-CE was premature where the five-year period from commencement of commercial production had not yet expired. Paragraph 9.29 of the Export-Import Policy 1997-2002 required NFEP to be worked out annually and cumulatively over that five-year block, and no definite finding of non-fulfilment had been recorded by the Development Commissioner. In the absence of a completed review by the competent authority on breach of export conditions, denial of the exemption and recovery of duty could not be sustained at that stage. Case-Laws Customs Tue, 12 Jun 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=214540