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    <title>2019 (4) TMI 490 - CESTAT HYDERABAD</title>
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    <description>Where a 100% EOU was permitted to shift to the EPCG scheme and was later granted final exit from the EOU scheme, customs duty demand, confiscation, redemption fine and penalty could not be sustained in the absence of fraud, collusion or suppression. The record showed that the department was aware of the NFE issue during the approval process, and the show cause notice was issued long after final exit. Once the competent authority approved the switch and granted final exit, Customs could not reopen the matter on the same facts by invoking the extended period without evidence of deliberate non-disclosure. The proceedings were therefore set aside in favour of the assessee.</description>
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    <pubDate>Thu, 31 Jan 2019 00:00:00 +0530</pubDate>
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      <title>2019 (4) TMI 490 - CESTAT HYDERABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=378046</link>
      <description>Where a 100% EOU was permitted to shift to the EPCG scheme and was later granted final exit from the EOU scheme, customs duty demand, confiscation, redemption fine and penalty could not be sustained in the absence of fraud, collusion or suppression. The record showed that the department was aware of the NFE issue during the approval process, and the show cause notice was issued long after final exit. Once the competent authority approved the switch and granted final exit, Customs could not reopen the matter on the same facts by invoking the extended period without evidence of deliberate non-disclosure. The proceedings were therefore set aside in favour of the assessee.</description>
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      <pubDate>Thu, 31 Jan 2019 00:00:00 +0530</pubDate>
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