2023 (8) TMI 1041

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....the respondent. 2. The facts of the case are that the proceedings were initiated against M/s NALCO Limited, a 100% EOU, Nalco Nagar, Angul, holder of private Bonded Warehouse for wrong availment of exemption in contravention of provisions of Notification No.1/95-CE dated 04.01.1995, Notification No.22/03-CE dated 31.03.2003 as amended by Notification No.53-97-Cus dated 03.06.1997 and Notification No.52/2003-Cus dated 31.03.2003 as amended read with Para 6.5 of the Foreign Trade Policy 2004-2009 inasmuch as they failed to achieve the minimum NFEP under 6.5 of Chapter 6 of Foreign Trade Policy, 2004-2009, 6.10.1 of Hand Book Procedure Volume I of Foreign Trade Policy 2004-09. 2.1 The respondent is a Public Sector Undertaking under the M....

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....ara 6.18 (e) of the Foreign Trade Policy and the details were submitted to the jurisdictional Deputy Commissioner of Central Excise & Customs, for his confirmation. Upon confirmation of the liability by the Deputy Commissioner, the amount was deposited by the respondent. The said duty liability was computed at the prevailing rate of 5% of BCD fixed under Para 5.1 of the Foreign Trade Policy. No dues Certificate was issued by the Deputy Commissioner of Customs & Central Excise, Cuttack Division. 2.7 Thereafter, on 15.05.2007, the final De-Bonding order was issued by the Deputy Commissioner and 100% EOU ceased to exist and merged with the respondent's Smelter Unit (DTA Unit) to operate under the EPCG Scheme and fulfill its obligation under....