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TMI Blog2018 (5) TMI 1623X X X X Extracts X X X X X X X X Extracts X X X X ..... l goods had become obsolete and were no longer capable of being used. From the record, it is found that the appellant had agreed to the de-bonding of such goods and voluntarily paid the duty - the duty paid is in order. There is no justification for ordering confiscation of the imported goods inasmuch as the goods were found in the bonded premises of the appellant during the course of verificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the goods including capital goods imported duty free and the same had become obsolete on completion of project work. Accordingly the Departmental officers visited the unit on 27.04.2006 and carried out the investigation. During the course of investigation, the appellant accepted the fact that some of the goods had become obsolete and were not being put to use. The appellant further came for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove background, we heard Mr. G. Shivadass, learned counsel for the appellant as well as Dr. Ezhilmathi, learned DR appearing for the Revenue. 3. The learned counsel submitted that even though initially they had agreed to de-bonding of the goods on payment of Customs duty at depreciated value, subsequently the Department has issued show-cause notice resulting in imposition of redemption fine a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord, we find that the capital goods in dispute were imported duty free under the 100% EOU (STPI Scheme). There is no dispute that the goods have been warehoused within the bonded premises without payment of duty and were meant for use in the development of software. As per the verification carried out by the departmental officers, it stands concluded that many of these capital goods had become obs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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