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2016 (12) TMI 10 - AT - CustomsEligibility of Notification No.203/92-Cus dated 19.05.92 for import of goods under Value Based Advance Licencing Scheme - availing of MODVAT credit - Held that: - though initially MODVAT credit was availed but subsequently reversed and interest was also paid and a certificate was produced before the Commissioner (Appeals). The Learned Commissioner, in spite of submission of proof of reversal of MODVAT credit and payment of interest, denied the exemption. The Ld. Commissioner has diverted from the show cause notice and original order in as much as he given conclusive finding that the certificate was given by the Superintendent and not by the Assistant Commissioner, therefore the same was not accepted. We absolutely disagree with this finding of the Learned Commissioner for the first reason that there was no such allegation in the show-cause notice and secondly, also no findings in the original order in this regard. Hence the Commissioner was not supposed to go into the issue which is not arising from show-cause notice and adjudication order. There is no dispute that the appellant reversed MODVAT credit and paid the interest. In our considered view with these payments, the condition V(A) of notification No.203/92-Cus has been complied with. Therefore both the authorities are wrong in confirming the demand - appeal allowed - decided in favor of appellant.
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