2001 (9) TMI 1037

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..... J.H. Joglekar, Member (T)]. On hearing both the sides on the stay application, we find that the main appeal itself could be taken up for disposal. Both sides agreeing, this was done, after granting waiver of pre-deposit of duty confirmed and penalty imposed as prayed for. 2. M/s. Geekay Exim (India) Ltd. the present appellants were the holders of a Value Based Advance Licence. The DEEC boo .....

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..... ing manufacturers had availed of Modvat credit but did not produce any documentary evidence regarding reversal thereof. His specific finding reads as under :- I find that the licencee s representative admitted that both of the supporting manufacturers availed Modvat but could not produce any documentary evidence regarding reversal of the same. Hence, I find that the condition stipulated under C .....

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..... hat no such admission was made by the representative of the appellants before the Commissioner. On the instruction of the Bench, the case record was obtained. The record maintained by the Commissioner indicated that such admission was made. Shri Kantawala, thereafter, submits that the show cause notice having labelled M/s. Pinnacle Exports Pvt. Ltd. as the importers, duty could not be demanded fro .....

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