9911796707
TMI Blog2006 (6) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... Kumar, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. The applicant is a 100% EOU engaged in the manufacture of Garments and was importing duty free raw material and capital goods by availing exemption provide under Notification No. 52/2003-Cus., dated 31-3-2003. The appellants were required to export goods worth of 114.03% as against import of Rs. 100/- as per terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them by enforcing the bond filed by them and a penalty of equivalent amount was imposed under Section 114A of the Customs Act, 1962. 2. The learned Advocate Shri Nagarkar for the respondents submits that the NFEP of 114.03% was required to be achieved during the entire period for which they were registered as 100% EOU and could not have been achieved within a period of 3 to 5 months of the comme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s they have reminded the department on 7-8-2003 which was not replied by the department and therefore on 12-8-2003 they were requested to cancel the procurement certificate. Since the export obligation could not be fulfilled on account of denial of procurement certificate, penalty cannot be imposed as it was a failure of the department and not that of the appellant. The demand was time barred as i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verification purpose cannot lead to such a vital decision as that of closing of the unit and it has to be attributed on the appellants inability to procure export orders or others similar circumstance. On being asked by the Bench they were unable to account for a raw materials of the differential value between the value of imported items and the value of exports. Once the unit is closed, the NFEP ..... X X X X Extracts X X X X X X X X Extracts X X X X
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