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TMI Blog2019 (2) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner and thereafter the duties were paid. The circular No.14/2004-Cus dt. 13/02/2004 also prescribe that the depreciation is admissible till the date of payment of duty - appeal allowed - decided in favor of appellant. - C/612/2008-DB - Final Order No. 20095/2019 - Dated:- 22-1-2019 - MR. S.S GARG, JUDICIAL MEMBER And MR. P. ANJANI KUMAR, TECHNICAL MEMBER Shri Pradyumna G.H. Advocate For the Appellant Dr. J. Harish, Jt. Commissioner (AR) For the Respondent ORDER Per: S.S. GARG The present appeal is directed against the impugned order dt. 31/07/2008 passed by the Commissioner(Appeals) whereby the Commissioner(Appeals) has dismissed the appeal of the appellant. 2. Briefly the facts of the present case a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on was 100% and no duty was payable. Appellant accordingly challenged the assessment of ex-bond bill of entry before the Commissioner of Customs(Appeals) praying for 100% depreciation. However, the Commissioner(Appeals) vide the impugned order had rejected the appeal on the ground that order for de-bonding was issued by Development Commissioner on 19/07/2002 and from the date of issue of the said order, the appellant unit ceased to be an EOU and all the privileges ceased to exist and hence the claim of depreciation till the de-bonding i.e. 14/03/2008 was incorrect and accordingly he rejected the appeal. 3. Heard both sides and perused records. 4.1. Learned counsel for the appellant submitted that the impugned order is not sustainable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tri. Bang.)] g. Nava Bharat Enterprises Ltd. Vs. CCE, Guntur [2010(261) ELT 397 (Tri. Bang.)] h. Jubilant Life Sciences Ltd. Vs. CCE, Meerut-II [2014(301) ELT 649 (Tri. Del.)] i. Kumar Housing Corporation Ltd. Vs. CCE, Pune-III [2014(308) ELT 741 (Tri. Mum.)] 4.2. He further submitted that even if the conclusion arrived by the Commissioner(Appeals) that from 19/07/202, the appellants unit ceased to be an EOU, depreciation for the period 1986 to 2002 works out to 156% as per the Notification No.52/2003 and Notification No.22/2003 dt. 31/03/2003 prevailing during the time the goods were ordered to be removed out of the warehouse through the assessment of the ex-bond bills of entry on 14/03/2008. 5. On the other hand, the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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