2007 (1) TMI 44

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..... vide – Commissioner after considering the detail rejected the revenue contention and allow the refund
[Order per: T.K. Jayaraman, Member (J)]. - This appeal has been filed against Order-in-Appeal No. 120/2004-Cus (B) dated 16-11-2004 passed by the Commissioner of Customs (Appeals), Bangalore. 2. The appellants are a 100% EOU. In view of adverse market conditions, they wanted to go out of the s .....

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..... grounds that once the unit is de-bonded, there is no provision for re-bonding, hence appeal was filed before the Commissioner (A). The Commissioner (A) has categorically held that there is no provision for re-bonding. He allowed the Departments appeal. The appellant is aggrieved over the impugned order. 3. Shri K. Krishnamurthy, learned Consultant appeared for the appellants. He said that though .....

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..... sdictional Customs and Central Excise authorities on payment of applicable duties on all capital goods/raw materials/finished goods, etc., in stock and after canceling the customs licence. In the present case, these formalities had not been completed. Moreover, the de-bonding permission by the Development Commissioner has lapsed. Hence, the unit is continuing as EOU and that position has been conf .....

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