2018 (6) TMI 138

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..... spondent ORDER Per: CJ Mathew These two appeals of M/s Akai Impex Ltd and Shri KL Dhingra assailed order-in-original no. CAO No. 75- 97/CAC/CC-II dated 26th June of Commissioner of Customs, Mumbai-II, which has confirmed recovery of duty foregon on goods at the time of import against three 'quantity-based advance licences' issued under the Duty Exemption Entitlement Scheme with notification no. .....

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..... conditions for eligibility to benefit of exemption. 3. Learned Counsel for appellant contends that MODVAT credit attributable to inputs used in the export had been surrendered by deposit of cheque no. 020728 dated 12th January 1995 in favour of Collector of Central Excise, Bombay-III (as it then was) and they had thereby overcome that impediment for disposal of the goods. On the allegation of div .....

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..... cord, we are of the opinion that the obtaining of redemption certificate from the licensing authority is merely a technical formality. We take note that the redemption certificate has been issued, albeit subsequently, without casting any doubts on the exports claimed to have been effected by the appellant in their application to the licensing authority for redemption certificate. Nor is there any .....

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..... reversal did occur or not is still an open to question; despite the specific directions of the Tribunal vide order dated 23rd October 2017, Commissioner (Exports), Mumbai-II has not been able to illuminate us with a specific report. Awaiting a decisive report from that authority may be an exercise in futility. At the hearing held on 15th of January 2018, the appellant was directed to submit evide .....

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..... ken place by encashment of the cheque. b) In the event of a determination that the MODVAT credit has not been reversed, to give an opportunity to the appellant to do so within a further forty five days, and, upon either contingency being confirmed, the demand shall stand dropped along with penalties. 8. Appeals are disposed off in the above terms. (Pronounced in open court)
Case laws, Decis .....

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