TMI Blog2004 (3) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... export obligation under Value Based Advance Licences. They availed Modvat credit under Rule 57A of the Central Excise Rules of CVD as well as Excise Duty payment as per Bills of Entry/Invoices issued by the supplier of the inputs. As per Clause V(a) of Notification No. 203/92-Cus., dtd. 19-5-92, no input stage credit under Rule 57A or any other Central Excise benefit are to be availed in respect of the goods to be exported for fulfilment of export obligation. In view of this provision the appellants provisionally reversed the Modvat credit availed by them. The Government of India issued an amnesty scheme under F. No. 605/140/95-DBK, dtd. 3-1-97 giving direction for reversal of wrongly availed Modvat credit and payment of interest at 20% pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms authorities holding that the reversal/remittances covered total amount as per formula laid down in Circular No. 285/1/97-CX., dt. 10-1-97 and subsequent Circular of the Board No. 218/34/97-CX, dtd. 26-6-97 and 322/38/97-CX, dtd. 9-7-77, issuing guidelines regarding the aforesaid finalisation of the issue in respect of reversal/remittances made by the exporters for compliance with Notfn. No. 203/92-CX, dtd. 19-5-92. He pleaded that the issue involved in this appeal has already been settled by the following decisions of the Tribunal :- (a) Visakhapatnam Steel Plant v. CCE, Visak [2002 (149) E.L.T. 708 (T) = 2002 (52) RLT 818 (CEGAT-Ban.)] (b) CCE, Bangalore v. Vikrant Tyres Ltd. [Final Order Nos. 1476-1477/2003, dtd. 21- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1476-1477, dtd. 21-11-2003 in case of CCE, Bangalore v. Vikrant Tyres Ltd. Therefore, the order of the lower authorities applying the time limit of six months under Sec. 11B of Central Excise Act from the date of provisional debit of the Modvat credit from their account is not applicable in this case. We also find that in case of Visakhapatnam Steel Plant v. CCE, Visak (supra), Tribunal has observed that "there is no provision in Modvat Rules requiring the assessees to obtain special permission from the Department before taking the credit on utilizing the credits so taken. All that is required is filing of declaration, receipt of inputs under a valid duty payment document, use of the inputs in or in relation to the manufacture of the final ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
