2009 (3) TMI 841

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..... .P.C. Rao, SDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T) (Oral)]. - In terms of the impugned order, the applicants are required to pre-deposit the following amounts:- (i)      Customs duty : Rs. 2,37,18,242/- (ii)    Excise Duty : Rs. 5,43,887/- (iii)   Penalty : Rs. 10,00,000/- under Section 112(a) of the Customs Act. (iv .....

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..... of the market conditions, they were not in a position to fulfil the export obligations. Even now, some of the finished products are lying in stock. 4.1 The learned Advocate invited our attention to Notification No. 13/81-Cus. dated 9-2-1981. In terms of the paras 5 and 6 of the said Notification, in respect of the Capital Goods, Customs Duty has to be paid only on the depreciated value at th .....

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..... partially fulfilled the export obligation to the tune of Rs. 2.08 lakhs even though the export obligation fixed by the Commerce Ministry comes to Rs. 11 crores. On going through the relevant Notification, we do not find that there is any provision for demanding duty on the Capital Goods, which have been put to use and also the raw materials, which have been put to use. The Development Commissione .....

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