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TMI Blog2023 (8) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... with Para 6.5 of the Foreign Trade Policy 2004-2009. HELD THAT:- Without considering the proceedings taken by the Development Commissioner and the payment of duty by the respondent, the Deputy Commissioner of Central Excise Customs, opted for existing from EOU Scheme to EPCG Scheme in terms of the Foreign Trade Policy, 2004-09 on 07.02.2007 and after payment of duty, no dues certificate was issued. The show-cause notice was issued and the adjudicating authority has gone into this case and development taken before the Development Commissioner as well as the payment of duty by the respondent at the time of opting out from EOU Scheme to EPCG Scheme and the adjudicating authority dropped the proceedings against the respondent. The fact is furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Odisha. 2.2 Another Company, namely, International Aluminium Products Limited, a 100% EOU, was situated at Angul for manufacture of aluminium rolled products, out of the hot metal manufactured and supplied by the respondent's Smelter's Unit. 2.3 The respondent took over M/s IAPL, with all its assets and liabilities, pursuant to Government Notification No.817 dated 09.11.2011 by the Ministry of Law, Justice & Company Affairs, Government of India. Consequent upon take over, the unit is registered with the Registrar of Companies in the name and style of M/s NALCO Limited to operate as a 100% EOU. The LOP was issued by the Ministry of Industry, Government of India in favour of M/s IAPL, was transferred in favour of the respondent. The produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndigenously procured capital goods procured duty-free in terms of the Foreign Trade Policy read with relevant exemption Notification. 2.9 On 18.07.2007, the Development Commissioner issued EPCG License determining the duty-saved amount and fixing the export obligation at eight times of the said amount to be fulfilled in eight (8) years from the date of authorization. 2.10. The show-cause notice was adjudicated and proceedings were dropped against the respondent on 30.11.2017. 2.11 The said order was challenged by the Revenue before us. 3. The main contention of the Revenue is that as the respondent could not fulfill their export obligation, therefore, the impugned order is to be set aside. 4. The respondent has also filed a Cross Objec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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