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2016 (11) TMI 849

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..... t should not be availed. In the present case by reversing the modvat credit condition of V(A) of notification stands complied with. Even though certificate was signed by Jurisdictional superintendent that does not alter the status of reversal of modvat credit by the appellant, which has not been disputed by both the lower authorities. In view of the fact that appellant have reversed the modvat cre .....

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..... f Notification No. 203/92-Cus dated 19/5/1992 as the appellant have availed input stage Modvat credit under Rule 57 A of the Central Excise Rules, 1944. Accordingly, the Adjudicating Authority confirmed the demand of custom duty denying the advance licence scheme. Ld. Commissioner(Appeals) also conquering with the views of the Adjudicating authority rejected the appeal of the appellant. 2. Shri .....

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..... ime of manufacture of the export goods. He submits that as per the certificate, the appellant has reversed the credit on the date of issuance of AR 4 therefore the condition of notification has been complied with. 3. Shri. V.R. Reddy, Ld. Asstt. Commissioner(A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. On careful considerations of submissions mad .....

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..... of reversal of modvat credit by the appellant, which has not been disputed by both the lower authorities. In view of the fact that appellant have reversed the modvat credit and the same was endorsed in AR4 as well as on the basis of certificate issued by the Jurisdictional superintendent, we do not find any reason why the benefit of exemption notification no. 203/92-cus should not be allowed. As p .....

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