9911796707
TMI Blog2010 (6) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... sees that, prima facie, demand cannot be sustained to the extent as confirmed for the reason that the unit has fulfilled export obligation partially. Prima facie, the demand therefore would get reduced by 50%. -The argument that the demand should be further reduced on the ground that depreciation has to be taken into account is prima facie not tenable for the reason that the question of depreciati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-President]. - Hard both sides on the application for waiver of pre-deposit of duty of customs of Rs. 423,13,822/- and excise duty of Rs. 22,27,604/- and penalty of Rs. 60 lakhs under the Customs Act and Rs. 10 lakhs under the Central Excise Rules. The demands stand confirmed against the assessees who are a 100% EOU on the ground that they have not fulfilled the export obligation in entirety ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xport obligation fulfillment, no depreciation can be granted. We also note the plea that Rs. 20 lakhs stands deposited as duty. The plea that further amount of Rs. 53 lakhs paid for debonding of the unit has to be considered as payment of duty and therefore the same has to be kept in view for directing predeposit is prima facie not tenable as the amount paid by the assessees for debonding of the u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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