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2015 (12) TMI 472 - AT - CustomsDenial of the benefit of duty exemption - Whether the modvat credit was availed or not by the holder of the license - condition Notification No. 203/92-Cus dt. 19.05.1992 - Held that:- Main ground of appeal, that is reliance on the case of Hico Enterprises does not sustain as the matter was settled in favour of the transferees in that case. The judgments cited in the case of Special Steels Ltd., Friends Trading Co. and Tata Iron and Steel Co. Ltd. were considered by us in the case of Nidhi Textile. This judgment was passed after considering all the judicials pronouncements. In the present case before us we also find that the facts of Tata Iron & Steel Co. Ltd. case are at variance from the facts of the present case. In the Tata Iron & Steel Co. Ltd. case it is clear from the judgment that there was deliberate suppression of the fact that modvat credit had been availed and, therefore, the Honble Apex Court held that the extended period of demand would be applicable even to the transferee of the license. However in the present case as already noted above, no evidences are forthcoming from the records that there was availment of modvat credit. In the circumstances there is no merit in the grounds of appeal. - Decided against Revenue.
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