TMI Blog2003 (8) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... esented, for the respondents. They have been served for today s hearing. No request for adjournment on their behalf has been received. Therefore we proceed to dispose of the appeal after hearing the ld. Jt. CDR and going through the record. 2. The facts are not much in dispute. The respondents were issued value based advance licences in terms of Export and Import Policy April 1992 to March, 1997 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... observing that the respondents were not liable to pay the customs duty, for having reversed the credit as well as deposited the interest. He had also condoned the delay on their part in making the payment of interest. 3. The Revenue has come up in appeal for questioning the validity of the impugned order of the Commissioner of Customs on the ground that he had no power to condone the delay in m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme, did not absolve them from the liability to pay the customs duty under the law. They became dis-entitled to the benefit of the above said notification, at that very time when committed its breach, by availing the Modvat credit on the duty free inputs at the time of export of the goods. The Commissioner of Customs has condoned the delay on the part of the respondents in making the deposit of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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