https://www.taxtmi.com/caselaws?id=1151 Where a 100% EOU has partly fulfilled its export obligation and the imported capital goods were actually used, duty on de-bonding must reflect that partial export performance rather than be demanded in full. The Tribunal stated that the duty computation should also be based on the depreciated value of used capital goods, with depreciation running up to the date of payment. It further noted that penalty is not justified where the shortfall in export obligation arises from business conditions and not mala fides. The matter was remanded for fresh computation of duty after giving credit for partial fulfilment and depreciation. en-us Tue, 21 Nov 2006 00:00:00 +0530 Mon, 14 Apr 2008 11:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=1151 Where a 100% EOU has partly fulfilled its export obligation and the imported capital goods were actually used, duty on de-bonding must reflect that partial export performance rather than be demanded in full. The Tribunal stated that the duty computation should also be based on the depreciated value of used capital goods, with depreciation running up to the date of payment. It further noted that penalty is not justified where the shortfall in export obligation arises from business conditions and not mala fides. The matter was remanded for fresh computation of duty after giving credit for partial fulfilment and depreciation. Case-Laws Customs Tue, 21 Nov 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=1151