2000 (6) TMI 76

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....l heard, the appellants are required to pre-deposit duty amount of Rs. 2,01,11,727/- under the Customs Act, 1962 and Rs 2,40,356/- under the Central Excise Act, 1944, Interest @ 20% on the Customs duty of Rs 1,47,787/- involved, and penalty of Rs. 20 lakhs under the Customs Act, and Rs. 25,000/- under the Central Excise Act. 2. The basic issue concerns non-fulfilment of the minimum value additi....

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....de-bonding is subject to the approval of the Development Commissioner. In the present case, the Development Commissioner, Visakhapatnam has not arrived at conclusion that the unit be de-bonded. Therefore, at this stage M/s. PGL cannot be de-bonded". 2. The learned Counsel submits that as against this, by letter dated 8-6-2000, copy of which is submitted in the Court today, office of the Develop....

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....ad been held that where the Development Commissioner has not yet held that the unit had not exported any fixed percentage of the goods during the specified period, the demand for non-fulfilment of the condition of the Notification etc. was premature and order was set aside. In the said case the Tribunal had also considered the fact that the Development Commissioner had not approved the de-bonding ....

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....o dispose of the appeal itself and we grant waiver of pre-deposit of the amounts and stay of recovery thereof. 6. We find that it is not disputed that the authority clothed with the powers under the law to de-bond the 100% EOU i.e. the Development Commissioner etc. have not ordered to do so. On the contrary it is clear from the records submitted by the learned Counsel in the Court today that th....