2018 (9) TMI 1955

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..... d in accordance with the powers entrusted to another agency of the governmentHELD THAT:- The export obligation discharge certificate is designed to assign a finality to the fulfilment of the conditions of export obligation prescribed in the Export Promotion Capital Goods scheme. Once the obligation has been complied with, the liability to duty cannot be revisited unless there is some discrepan .....

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..... erest, for not having fulfilled export obligation to the extent prescribed as a factor of the value of imported capital goods. The appellant had procured two machines under the Export Promotion Capital Goods scheme of the Foreign Trade Policy and had executed bond and bank guarantee as prescribed in Notification No. 97/2004-Cus., dated 17th September, 2004. On completion of the period of export ob .....

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..... to discard such a certificate. 3. Learned Authorised Representative submits that it was well within the jurisdiction of the original authority to recover duty on the basis of its own computation of shortfall despite the existence of valid export obligation discharge certificate . 4. This submission of Learned Authorised Representative in defence of the impugned order is not acceptable. The .....

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