6.12A Capital Goods imported under the EPCG scheme which are found defective or
unsuitable for use may be re-exported with the permission of the Licensing
Authority. In cases where the Capital Goods have been cleared without payment
of basic Customs duty, no duty otherwise leviable on imports shall be paid on
such re-export and the EPCG licence holder shall not be eligible for any
drawback benefits. However, in cases where the Capital Goods have been cleared
on payment of concessional customs duty, no duty otherwise leviable on imports
shall be paid on such re-export and the EPCG license holder shall be entitled
for drawback in lieu of concessional duty paid at the time of re-export. The
export obligation imposed on such capital goods will be extinguished