TaxTMI 
TaxTMI 
2004 (8) TMI 147
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....ed a project to grow flowers for export; that they were allowed to import capital goods worth Rs. 325 lakhs free of Customs duty; that their project became a failure as the same was not financially viable on account of loans sanctioned by RIICO for the project not having been disbursed; that the Commissioner under the impugned order has confirmed the demand of duty in respect of capital goods imported by them; that the goods imported by them fall squarely under Notification No. 61/93-Cus., dated 28-2-93 and since the requirement of the said Notification having been fully satisfied by them, the duty should have been worked out by the Commissioner after extending the benefit of said Notification; that it is well settled law that if more notif....
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....ut that the appellant unit is a 100% Export-Oriented Unit only and a letter of permission accorded by the competent Authority is for 100 % export-oriented unit for the manufacture of fresh flowers and pot flowers etc.; that as the project has not been implemented by the Appellants, they are liable to discharge the duty liability which was foregone at the time of importation of the goods and penalty is also imposable; that the Ministry of Commerce, NEPZ NOIDA, under letter dated 7-9-2000 addressed to all the Commissioners of Customs and Central Excise has intimated that as per provisions of Letter of Intent/Letter of permission, approval given to the Export-Oriented Unit lapses automatically after completion of 3 years from the date of its i....
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....Appellants that they had imported capital goods for setting up project for exporting fresh cut flowers and pot flowers. They have themselves mentioned in their Memorandum of Appeal that they had set up a 100% Export-Oriented Undertaking to grow flowers for export. It is also not in dispute that the project was not implemented by the Appellants. In view of this, the conditions of the Notification No. 126/94-Cus., dated 3-6-94 under which the capital goods were imported had not been complied with. Accordingly, the Appellants are liable to discharge the duty liability on the goods imported by them. The Appellants have claimed the benefit of Notification No. 61/93. The learned Departmental Representative has correctly emphasised that the condit....