https://www.taxtmi.com/caselaws?id=765594 Sale of duty-free imported capital goods by a 100% EOU did not amount to deemed removal or debonding where the goods remained within the unit and were not physically cleared, because the policy and exemption notification required actual physical removal or debonding and contained no express deeming fiction. On that basis, customs duty was not attracted. The extended limitation period was also unavailable because the department was aware of the de-bonding transaction and there was no fraud or suppression; accordingly, confiscation and penalty could not survive once the demand failed. The impugned order was set aside and the appeal succeeded. en-us Tue, 04 Feb 2025 00:00:00 +0530 Tue, 04 Feb 2025 11:35:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765594 Sale of duty-free imported capital goods by a 100% EOU did not amount to deemed removal or debonding where the goods remained within the unit and were not physically cleared, because the policy and exemption notification required actual physical removal or debonding and contained no express deeming fiction. On that basis, customs duty was not attracted. The extended limitation period was also unavailable because the department was aware of the de-bonding transaction and there was no fraud or suppression; accordingly, confiscation and penalty could not survive once the demand failed. The impugned order was set aside and the appeal succeeded. Case-Laws Central Excise Tue, 04 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765594