2004 (8) TMI 557

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.... Shri K.K. Srivastava, JDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. - Appellant, a public limited company, they put up a project to manufacture and sell Compact fluorescent lamps (hereafter referred as CFL) and placed an order with M/s. Phillip Lightening BV, Netherlands. The agreement stipulated Training, demonstration of working condition of the plant/machinery and test....

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....s of any specific declaration made, misdeclaration could not be determined against them as goods were under OGL, the confiscation under 111(d) and 111(m) was not called for. There was no payment of duty required. 1.5 Commissioner agreed, that there was no misdeclaration as to value. However, as the appellant had applied for EPCG licences on 1-4-1999 and letter of credit was opened prior to....

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....er Section 111(m). At this period of time I also take note of the parties claim that they have shifted from EPCG licences to 100% EOU scheme, which has been confirmed from the fund development commission SEEP2's letter dated 20-10-1999 who has also confirmed that under 100% EOU scheme party is entitled to import of second-hand capital goods in terms of Paras 9.12 and 9.13 of the Handbook of Proced....