TMI Blog2018 (7) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... me is in accordance with the scheme. In the case of appellant, in many cases of exports no credit was availed. In all cases where the credit was availed the same was reversed long before the cutoff date. Except in few cases interest too was paid before the deadline. Appeal allowed - decided in favor of appellant. - Appeal No. C/294/2011-DB - A/11011/2018 - Dated:- 25-5-2018 - DR. D.M. MISRA, MEMBER (JUDICIAL) AND SHRI RAJU, MEMBER (TECHNICAL) Shri Hardik Modh, Advocate with Shri D. Parikh, Sr. Advocate - for Appellant Shri J. Nagori, Addl. Commissioner (AR) - for Respondent ORDER Per: Raju This appeal has been filed by M/s Inter Continental (India) (Now known as M/s Adani Enterprises. Ltd.) against confirmat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 997 which was beyond the last date as per the Amnesty Scheme, namely 31.01.1997. (ii) In respect of. advance licence No. 2145671 dated 03.08.1994 and licence NO.2145727 dated 09.08.1994, objection is that although Modvat credit initially availed had been reversed on 31.01.1997 together with interest as per the Amnesty Scheme, the amount was not paid in cash/TR 6 Challan. 3: There is no objection raised in the appeal before us in respect of the remaining five Advance Licences. 4. In respect of three Advance Licences, we find that verification of certain facts is required such as, as to whether the Commissioner was satisfied in respect of these three licences, on the basis of the verification carried out by the Central Excise authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty Scheme. He pointed out that only interest in certain cases was reversed on 1.2.1997 i.e. one day after the deadline prescribed by the Amnesty Scheme. He pointed out that in case of Shasun Drugs (supra), even in case of delay of 8 days, the demand was set aside. He further argued that impugned order fails to consider the fact that (1) In Advance License No. 2145671 dated 3.8.1994 Modvat credit was availed only with respect to S/B No. 527145, 527146, 527147, 527148 all dated 31.8.1994 and even the same was reversed by way of debit on 12.5.1995 (for goods exported vide S/B No. 527145 and 527147) and 19.5.1995 (for goods exported vide S/B No. 527146 and 527148). In respect of S/B No. 572145 and 527147 interest was duly paid on 31.1.1997 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefit of the same cannot be extended to the assessee. For the above preposition, they have relied upon the Hon ble Supreme Court s decision in the case of Bharati Telecom Ltd. v. CC - 2001 (134) E.L.T. 327 (S.C.) = 2001 (47) RLT 257 (S.C.). At this stage, learned Advocate submits that the said decision of the Hon ble Supreme Court was interpreted by the Hon ble Madras High Court in the case of Shasun Drugs Chemicals v. CESTAT, Chennai - 2006 (198) E.L.T. 179 (Mad.), wherein it was held that reversal of credit done partly before and partly after the cut-off date 31-1-97 prescribed by the Amnesty Scheme is in accordance with the scheme. 4 In the instant case the entire credit was reversed before the cut-off date and, there was delay o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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