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2015 (10) TMI 2610 - AT - CustomsBenefit of N/N. 203/92-Cus - denial on the ground that entire Modvat credit availed by the appellant along with interest have not been reversed before 31-1-1997 as prescribed under the Amnesty Scheme - Held that: - In respect of identical issue in the judgments of Hello Minerals Water (P) Ltd. [2004 (7) TMI 98 - ALLAHABAD HIGH COURT] and Steelco Gujarat Ltd. [2012 (8) TMI 175 - BOMBAY HIGH COURT] hold that unless whole of the amount of Modvat credit along with interest are paid the benefit of Amnesty Scheme cannot be extended As regard the quantification error of the duty, it is apparent from the annexure to the show cause notice as well as requantification chart submitted by the appellant that the quantification of demand is incorrect. In view of the above, we hold that the import related to export wherein Modvat credit and interest thereupon was paid before 31-1-1997, the exemption N/N. 203/92-Cus. is admissible. The adjudicating authority shall verify the quantification of the duty and arrive at the correct quantification. Appeal allowed by way of remand.
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