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2015 (12) TMI 472 - CESTAT MUMBAI

2015 (12) TMI 472 - CESTAT MUMBAI - TMI - Denial of the benefit of duty exemption - Whether the modvat credit was availed or not by the holder of the license - condition Notification No. 203/92-Cus dt. 19.05.1992 - Held that:- Main ground of appeal, that is reliance on the case of Hico Enterprises does not sustain as the matter was settled in favour of the transferees in that case. The judgments cited in the case of Special Steels Ltd., Friends Trading Co. and Tata Iron and Steel Co. Ltd. were c .....

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d would be applicable even to the transferee of the license. However in the present case as already noted above, no evidences are forthcoming from the records that there was availment of modvat credit. In the circumstances there is no merit in the grounds of appeal. - Decided against Revenue. - Appeal No. C/1215/2004-Mum - Dated:- 4-9-2015 - Mr. P.S.Pruthi, Member (Technical) And Mr. Ramesh Nair, Member (Judicial) Shri Ahibaran, Addl. Commr. (A.R.) : For The Petitioner Shri Anil Balani, Advocate .....

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e transferee once the license has been endorsed as transferable by the licensing authority. 2. Heard both sides. 3. The Ld. AR appeared on behalf of Revenue submits a copy of the Honble Apex Court judgment in the case of Tata Irion and Steel Co. Ltd. as well as the judgment of Honble High Court of Punjab & Haryana in the case of Friends Trading Co. Vs. Union of India 2010 (254) E.L.T. 652 (P & H) and Commissioner of Customs, Mumbai Vs. Special Steels Ltd. 2004 (163) E.L.T. 242 (Tri.- .....

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ters intimated that modvat had not been availed at the input stage and the DGFT had endorsed the transferability of license. He also submits that the ground of appeal relying on the case of Commissioner of Customs (Imports), Vs. Hico Enterprises 2008 (228) ELT 161 (S.C.) does not hold good because the matter was finally decided by the Larger Bench in favour of the transferees and the said order was affirmed by the Supreme Court. 5. Considered the submissions of both sides. It appears from the re .....

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