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Devi Organics Pvt Ltd Versus Commissioner of Customs (Export) , Mumbai

2016 (11) TMI 849 - CESTAT MUMBAI

Denial of advance licence scheme - MODVAT credit - Rule 57 A of the Central Excise Rules, 1944 - violation of condition V(A) of N/N. 203/92-Cus dated 19/5/1992 - Held that: - as per condition V(A), the only condition is that input stage modvat credit .....

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t 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 Jurisdictio .....

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ordingly they entitle for the exemption notification - appeal allowed. - APPEAL NO. C/417/05 - Order No. A/90769/16/CB - Dated:- 5-10-2016 - Mr. Ramesh Nair, Member(Judicial) And Mr. Raju, Member (Technical) Shri. Prakash Shah, Advocate for the Appel .....

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ed 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 o .....

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redit. He submits that the appellant has obtained certificate dated 10/5/2002 from the Jurisdictional Range Superintendent that Cenvat credit corresponding to the five consignments have been reversed and reference was given in the said certificate. T .....

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t. He submits that as per the notification, only condition is that the exporter should not avail input stage credit at the time of manufacture of the export goods. He submits that as per the certificate, the appellant has reversed the credit on the d .....

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of submissions made by both sides, we find that there is no dispute that though the appellant had availed Modvat credit under Rule 57A, the same was reversed at the time of export of the goods which has been endorsed on the AR4 as well as certificate .....

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203/92-Cus, as per condition V(A), the only condition is that input stage modvat credit 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 sig .....

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