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TMI Blog2016 (11) TMI 1520X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order examined the claim of the appellant for nil payment of duty on indigenous capital goods at the time of debonding. It is recorded that there is no other notification providing exemption to the capital goods in the present situation and N/N. 22/2003-C.E. is applied to determine the applicable rate of duty and depreciated value of the capital goods - In the absence of any exemption notif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xiting from 100% EOU scheme and obtained permission for debonding from the Development Commissioner. The capital goods so procured were also debonded and cleared under EPCG scheme at nil rate of duty. The dispute in the present case is that such nil rate of duty is not available for indigenously procured goods under EPCG scheme as there is no exemption under excise law to this effect. The case was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds and spares procured indigenously on 13-1-2011 for which no EPCG licence was requested/issued. He clarified that the present demand is in respect of capital goods procured indigenously without payment of duty under EOU scheme in terms of Notification 22/2003-C.E. When the EOU unit is exiting on debonding the duty liability on such indigenously procured capital goods has to be discharged based on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods at the time of debonding. It is recorded that there is no other notification providing exemption to the capital goods in the present situation and Notification 22/2003-C.E. is applied to determine the applicable rate of duty and depreciated value of the capital goods. We note that the foreign trade policy provides for goods may be allowed to be cleared at the time of debonding agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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