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    <title>2010 (12) TMI 1151 - MADRAS HIGH COURT</title>
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    <description>Failure to fulfil export obligation under the EPCG scheme did not, on the stated facts, justify confiscation or penalty because the Tribunal&#039;s factual finding of bona fide conduct, genuine efforts, and absence of deliberate misuse or mala fides was upheld. Interest on the duty foregone under the exemption notification was also held not leviable because the notification contained no express interest clause, and the provisions on short levy, non-levy, erroneous refund, and related interest were treated as inapplicable to duty becoming payable only on breach of the notification conditions. The Revenue&#039;s advance-licence reliance and circular were held not to assist its case, and the Tribunal&#039;s relief was sustained while the duty demand remained undisturbed.</description>
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    <pubDate>Mon, 06 Dec 2010 00:00:00 +0530</pubDate>
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      <title>2010 (12) TMI 1151 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=173875</link>
      <description>Failure to fulfil export obligation under the EPCG scheme did not, on the stated facts, justify confiscation or penalty because the Tribunal&#039;s factual finding of bona fide conduct, genuine efforts, and absence of deliberate misuse or mala fides was upheld. Interest on the duty foregone under the exemption notification was also held not leviable because the notification contained no express interest clause, and the provisions on short levy, non-levy, erroneous refund, and related interest were treated as inapplicable to duty becoming payable only on breach of the notification conditions. The Revenue&#039;s advance-licence reliance and circular were held not to assist its case, and the Tribunal&#039;s relief was sustained while the duty demand remained undisturbed.</description>
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