Home Case Index All Cases Customs Customs + AT Customs - 2018 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 138 - AT - CustomsRecovery of duty foregone on goods at the time of import - N/N. 204/92-Cus dated 19th May 1992 - imported goods deployed for the purpose other than mentioned in notification - appellant contends that MODVAT credit attributable to inputs used in the export had been surrendered - Held that:- The obtaining of redemption certificate from the licensing authority is merely a technical formality. We take note that the redemption certificate has been issued, albeit subsequently, without casting any doubts on the exports claimed to have been effected by the appellant in their application to the licensing authority for redemption certificate. Nor is there any evidence from Revenue that the exports claimed to have been fulfilled are questionable - there can be no controverting that the export obligation has been fulfilled, in substance, at the time of utilization of imported raw material. We are convinced that the appellant had taken steps to reverse the MODVAT credit. Whether the reversal did occur or not is still an open to question; despite the specific directions of the Tribunal vide order dated 23rd October 2017, Commissioner (Exports), Mumbai-II has not been able to illuminate us with a specific report. Remand the matter back to the original authority with the following specific directions: a) To ascertain within a period of forty five days, whether the reversal of MODVAT credit has taken place by encashment of the cheque. b) In the event of a determination that the MODVAT credit has not been reversed, to give an opportunity to the appellant to do so within a further forty five days, and, upon either contingency being confirmed, the demand shall stand dropped along with penalties.
|