2018 (2) TMI 415

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..... n (Deputy Commissioner) DR Per: Anil Choudhary The issue in this appeal by the assessee is whether upon the finding of the Competent Authority that is the Development Commissioner of NSEZ, Noida, that the appellant have satisfied the Net Foreign Exchange earning (NFE) with respect to their EOU and accordingly, they were allowed to de-bond, whether subsequently after lapse of more than three year .....

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..... med that keeping in view, ad hoc vestage norms as fixed and communicated vide letter dated 18 June, 2001, there is no dues pending against the unit in respect of Customs and Central Excise Duties arising out of the de-bonding, as such this office has no objection if the unit goes out of 100% EOU scheme. Accordingly, final de-bonding order for opting out of the said scheme may be issued by the Deve .....

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..... es. 5. Having considered the rival contentions, I find that prima facie the show cause notice is bad and barred by limitation. There is no allegation of any cotumacious conduct, suppression or mis-statement on the part of the appellant. It is apparent that the show cause notice have been issued by way of change of opinion and accordingly, the said notice is bad and not maintainable. Secondly, the .....

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