https://www.taxtmi.com/caselaws?id=238496 A de-bonded unit under an export-obligation notification may be subject to two distinct duty consequences: duty with interest where the positive Net Foreign Exchange Earning obligation is not met, and a separate depreciation-based duty mechanism for clearance of capital goods on closure or de-bonding. The interpretation that only the export-obligation condition applied was rejected because it would make the depreciation-linked clause ineffective. On that reading, the Department's construction of the notification was treated as prima facie correct, and the Revenue was found to have established a strong prima facie case for stay of the refund order. en-us Fri, 19 Apr 2013 00:00:00 +0530 Tue, 22 Oct 2013 11:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=238496 A de-bonded unit under an export-obligation notification may be subject to two distinct duty consequences: duty with interest where the positive Net Foreign Exchange Earning obligation is not met, and a separate depreciation-based duty mechanism for clearance of capital goods on closure or de-bonding. The interpretation that only the export-obligation condition applied was rejected because it would make the depreciation-linked clause ineffective. On that reading, the Department's construction of the notification was treated as prima facie correct, and the Revenue was found to have established a strong prima facie case for stay of the refund order. Case-Laws Customs Fri, 19 Apr 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=238496