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2016 (11) TMI 849 - AT - CustomsDenial of advance licence scheme - MODVAT credit - Rule 57 A of the Central Excise Rules, 1944 - violation of condition V(A) of N/N. 203/92-Cus dated 19/5/1992 - Held that: - as per condition V(A), the only condition is that input stage modvat credit should not be availed. In the present case by reversing the modvat credit condition of V(A) of notification stands complied with. Even though certificate was signed by Jurisdictional superintendent that does not alter the status of reversal of modvat credit by the appellant, which has not been disputed by both the lower authorities. In view of the fact that appellant have reversed the modvat credit and the same was endorsed in AR4 as well as on the basis of certificate issued by the Jurisdictional superintendent, we do not find any reason why the benefit of exemption notification no. 203/92-cus should not be allowed. As per our above discussion, we are of the view that appellant has complied with the condition V(A) of the Notification, accordingly they entitle for the exemption notification - appeal allowed.
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