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2018 (6) TMI 140
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....without payment of duty and the same has never been used for manufacture. Therefore, depreciation on the said goods cannot be allowed and the appellant is required to pay duty. 2. The facts of the case are that appellant was 100% EOU for which LoP was issued by the Development Commissioner on 22.03.1994. Being an EOU, the appellant was governed by Chapter 6 of the Foreign Trade Policy and the authorities of Development Commissioner. The appellant imported certain capital goods duty free and also procured duty free inputs for its use. As the appellant was not able to do their business and could only export goods worth Rs. 63.80 Lakh, the Development Commissioner permitted de-bonding of the EOU vide its letter dated 29.11.2009 wherein they....
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....ding was allowed by the Development Commissioner therefore, the Customs authorities have no authority to sit on the order of the Development Commissioner. 4. On the other hand ld. AR submits that it is fact on record that appellant has failed to fulfil their export obligation and imported goods without payment of duty. In that circumstance, the duty forgone is required to be recovered from the appellant. 5. Heard the parties, considered the submissions. The case of the Revenue against the appellant is that they have never started any manufacturing activity and being 100% EOU, imported capital goods as well as inputs without payment of duty, in terms of LoP issued to them on 22.03.1994. We find that appellant has produced a letter i....