TMI Blog2017 (8) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... annot be said that the matter remained concluded. Till date, the Adjudicating Authority has not passed any fresh orders and in that since the matter is “pending” or live. The petitioner fulfilled the requirement of the Public Notice and applied on 7-3-2014 i.e. well before the cut off date of 31-3-2014. The respondents are hereby directed to verify the petitioner’s application and pass the necessary orders after satisfying themselves as to other conditions of eligibility, with respect to the regularization of the default in EOU and as to its entitlement for consequential refund in terms of the Public Notice dated 12-8-2013 - petition allowed by way of remand. - W.P. (C) No. 1378 of 2015 - - - Dated:- 7-12-2016 - S. Ravindra Bhat and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be paid by the authorisation holder would be ₹ 300/-. However, for the same duty saved amount of ₹ 150/-, if the default in EO were 30%, then the corresponding duty saved amount becomes ₹ 45/- (30% of ₹ 150/-). Hence the interest component will be limited to ₹ 45/-. Thus, duty + interest will not exceed ₹ 90/- for this regularisation of 30% default in EO for a duty saved amount of ₹ 150/-.] (b) In line with the existing policy the Customs duty could be paid either in cash or by way of debiting of any valid duty credit scrips issued under Chapter 3 of the Foreign Trade Policy. The interest component however, has to be paid in cash only. (c) Any authorisation holder choosing to avail thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emained unattended. It is contended that the petitioner has so far paid the entire Customs duty applicable and the sums in excess of hundred per cent of the interest payable and consequently, the limited relief, available to it under the Public Notice in question, should be given. 4. Counsel for the respondent submits that the question of the petitioner s availing the benefit does not arise since the matter was concluded one and that it is only fresh or live cases that the benefit of regularization and refund can arise. 5. The terms of the Public Notice are clear that the verification i.e. any authorization holder choosing to avail the benefit should complete the process of payment on or before 31-3-2014. The policy is applicable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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