9911796707
TMI Blog2001 (9) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... Order per : Gowri Shankar, Member (T)]. The appellant exported dye intermediates, and as a result, obtained a value based advance licence entitling it to import goods free of duty in terms of Notification 203/92. It imported such goods between the years 1992 and 1994, clearing them without payment of duty in terms of the notification. Notice dated 6-12-1998 issued to the appellant, proposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reversal for the remaining portion. He therefore confirmed the duty for the remaining amount. Hence this appeal. 2. The Amnesty Scheme announced by the government provided that if the exporter reverses the modvat credit incorrectly availed of, with interest of 20% between the date of export and date of reversal, both before 31-1-1997 no penal action or prosecuting proceedings shall be initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e formula, the appellant was required to reverse modvat credit to the extent of Rs. 75,84,551/- with interest on it of Rs. 16,36,681/-, totalling Rs. 92,21,232/- the appellant had actually reversed, before the cut off date for this Scheme, Rs. 67,01,951/- and interest of Rs. 11,04,770/- totalling Rs. 78,06,721/-. Therefore he finds the shortfall of Rs. 14,14,511/- representing 15.34%, confirmed du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e us in support. This consists of a certificate dated 17-4-1995 of a cost accountant. This certificate is headed Consumption norms and modvat credit per MTS with the product in question, C-acid, beta naphthol etc. The headings in the table that follows this referred to Average excise duty per MTS of input . The reference to average excise duty makes it clear to us that the certificate is not ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h supporting evidence, that the appellant may produce before him within two months from the receipt of this order (or such extended time as the Commissioner may lay down) and decide whether the actual amounts have been reversed. If he finds that to be the case, the benefit of notification should be given to the appellant. 6. The appeal is accordingly allowed and the impugned order set aside. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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