2023 (8) TMI 1041

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....ase 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 Ministry of Mines, Government of India and ....

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....ails 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 the said Scheme. 2.8 Thereafter, on 08.06.2007, a sh....