2006 (8) TMI 55

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....m dated 1-4-94 EOU could be permitted De-bonding by the approval of Development Commissioner and such De-bonding was subject to payment of duties of Customs and Central Excise applicable at the time of such De-bonding. The Development Commissioner was to permit such De-bonding as a one time option to de-bond on payment of duty on Capital Goods under the prevailing Export Promotion Capital Goods (EPCG) scheme, subject to the factory units satisfying the eligibility criteria as prescribed by Exim Policy. 2. The Commissioner, pursuant to a Show Cause Notice dated 29-4-2004 found :- (A) 1. The second hand/used capital goods in question were de-   bonded on 4-11-99/5-11-99. 2.       ....

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....vide final order No. KFTZ/100% EOU/II/417/97-98 dated 4-11-1999. 5.       Paragraph 9.39, prohibiting de-bonding of second-hand capital goods, was inserted in the Handbook of Procedure (1997-2002) vide DGFT Public Notice No. 33 (RE)-99)/l997-2002, New Delhi dated 1-10-1999.           The dates and events mentioned above show that the permission for pre-mature de-bonding was granted to the unit after paragraph 9.39 prohibiting de-bonding of second hand machines (capital goods) under EPCG scheme was inserted in the Handbook of Procedures (1997-2002). Moreover, the said licence was issued in respect of new capital goods to be imported whereas the Annexure list att....