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    <title>2005 (6) TMI 97 - CESTAT, MUMBAI</title>
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    <description>A continuing EOU remained liable to central excise duty until EPCG status was actually granted; a conversion application alone did not alter its legal character, so duty on clearances during that period was sustained under the proviso to Section 3(1) of the Central Excise Act. Clandestine removals from the EOU were not protected by Notification No. 125/84-C.E. or by other concessional exemption notifications where the stated conditions were unmet, and transaction value/customs valuation principles governed the clearances. Duty, confiscation of seized optical fibres, interest, and penalty were upheld, while the raw-material duty issue was sent back for fresh adjudication and confiscation of capital goods was sustained with reduced redemption fine.</description>
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    <pubDate>Fri, 17 Jun 2005 00:00:00 +0530</pubDate>
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      <title>2005 (6) TMI 97 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=54121</link>
      <description>A continuing EOU remained liable to central excise duty until EPCG status was actually granted; a conversion application alone did not alter its legal character, so duty on clearances during that period was sustained under the proviso to Section 3(1) of the Central Excise Act. Clandestine removals from the EOU were not protected by Notification No. 125/84-C.E. or by other concessional exemption notifications where the stated conditions were unmet, and transaction value/customs valuation principles governed the clearances. Duty, confiscation of seized optical fibres, interest, and penalty were upheld, while the raw-material duty issue was sent back for fresh adjudication and confiscation of capital goods was sustained with reduced redemption fine.</description>
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      <pubDate>Fri, 17 Jun 2005 00:00:00 +0530</pubDate>
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