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TMI Blog2000 (3) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents. [Order per : Gowri Shankar, Member (T)]. - The stay applications have been listed today, but after considering the issues involved we have taken up the appeals themselves for disposal, particularly since on identical issues the Tribunal has already passed final orders. 2. Each of the appellants imported various consignments of goods and claimed clearance free of duty in term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ept in all these cases that notice of hearing or show cause notice was not received apparently in the absence of an affidavit being affirmed to that effect. However, assuming that the notices were issued, it is for the noticees to show how it was demonstrated that Modvat credit have been availed of. At the time of importation, it was incumbent upon the importer who claimed the benefit of exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, suppression, etc., which the importer was guilty of. 4. None of these has been done. The Commissioner in fact has not given any basis for confirming the demand except to say that there is no evidence on record that credit was not availed of. It was for him to show that credit had been availed of in the matter of each. We emphasise that the position would be different in cases unlike t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and exports. The Custom Houses all over the country for years in the past have administered notification which require compliance with various conditions. It was entirely upon the Customs officers to demand evidence of compliance with the notification before allowing clearance as to safeguard the interest of the department. This not having been done we cannot now accept the contention so as to j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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