TIOL-DDT 1379 · Monday, 14 June 2010 · story 2 of 3

What if someone violates Sec 5A (1A)?

YES, they cannot pay duty on the goods manufactured and exported by a 100% EOU. But, what if someone violates Sec 5A (1A)? Refund the duty that should not have been paid? Levy penalty? In this case, of course, they will deny rebate, but generally, what is the consequence if someone violated Sec 5A (1A) and pays duty? This is certainly no offence punishable under the Act!

Incidentally the exemption notifications issued under Section 5A (1) are not applicable to EOUs unless specifically provided in such notification.