TMI Blog2001 (9) TMI 959X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. [Order per : Gowri Shankar, Member (T)]. Appeal taken up for disposal with consent of both sides. 2. The appellant obtained by transfer an advance licence and utilised it for the import of goods which it cleared without payment of duty in terms of Notification 203/92. The goods were cleared in 1994. The notice issued to it dated 29-1-1999 proposed denial of the benefit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom the import licence was initially granted and it is he who would have filed the documents for export. The basis for the claim that the Modvat credit had been availed of therefore is flawed. There is no evidence showing that the Modvat credit was availed of by the exporter. It will therefore follow that there is no lawful basis for the duty and penalty. 4. The appeal is accordingly allowed a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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