TMI Blog2015 (10) TMI 2610X X X X Extracts X X X X X X X X Extracts X X X X ..... from the annexure to the show cause notice as well as requantification chart submitted by the appellant that the quantification of demand is incorrect. In view of the above, we hold that the import related to export wherein Modvat credit and interest thereupon was paid before 31-1-1997, the exemption N/N. 203/92-Cus. is admissible. The adjudicating authority shall verify the quantification of the duty and arrive at the correct quantification. Appeal allowed by way of remand. - C/88609/2013-Mum - A/3501/2015-WZB/CB - Dated:- 27-10-2015 - Shri P.S. Pruthi, Member (T) and Ramesh Nair, Member (J) Shri T. Vishanathan, Advocate, for the Appellant. Shri A.K. Singh, Additional Commissioner (AR), for the Respondent. ORDER [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereafter. It was contended in the show cause notice that as per the Amnesty Scheme which is for a particular time period and if entire reversal is not made within stipulated time up to 31-1-1997 even though the subsequent reversal was made the benefit of Amnesty Scheme is not available in the case where the reversal was made subsequent to 31-1-1997. The adjudicating authority on the above allegation has confirmed the demand of Customs duty denying exemption Notification No. 203/92-Cus. for violation of condition (v)(a) of the said notification and also violation of Amnesty Scheme issued by the Board. The ld. Commissioner observed in his finding that reversal of the credit took place on 24-6-2003 and the interest amount was paid on 10-7-2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) Hello Minerals Water (P) Ltd. v. Union of India [2004 (174) E.L.T. 422 (All.)] (b) Chandrapur Magnet Wires (P) Ltd. v. CCE [1996 (81) E.L.T. 3 (S.C.)] (c) Steelco Gujarat Ltd. v. Union of India [2012 (285) E.L.T. 161 (Bom.). He submits that in view of the above judgments since the credit was undisputedly reversed along with interest it attained the status of non-availment of credit and accordingly the condition (v)(a) of Notification No. 203/92-Cus. stands complied with. Accordingly no Customs duty demand sustains. Alternatively, he submits that even though substantial amount of Modvat credit which attributed to majority of import consignments has been reversed before 31-1-1997. Ld. adjudicating authority at lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not entitled for exemption notification. As regards appellant s submission that they had reversed Modvat credit along with payment of interest, since such payment was not fully made on or before 31-1-1997 as stipulated in Amnesty Scheme, the appellant became debarred from availing the benefit of Amnesty Scheme. He submits that Amnesty Scheme has categorically provided the deadline for availing the benefit and if any reversal made on or after the date prescribed, the same is not covered by Amnesty Scheme and therefore scheme cannot be extended to the appellant. He submits that case laws cited by the ld. counsel are not applicable in the present case in light of clear condition as well as subsequent issuance of Amnesty Scheme. If the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest paid by the appellant before 31-1-1997, should be allowed under Exemption Notification No. 203/92-Cus. However the import wherein the Modvat credit and payment of interest was made partly before 31-1-1997 and partly thereafter i.e. in year 2003, benefit of notification cannot be allowed for the reason that as per Amnesty Scheme the reversal of Modvat credit along with interest in whole should have been made on or before 31-1-1997. We do not agree with ld. counsel s argument that irrespective of time, reversal of Modvat credit was made, it amounts to non-availment of Modvat credit and therefore even though it is considered that Amnesty Scheme was violated the benefit of Notification No. 203/92-Cus. can be allowed. Once there is condi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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