9911796707
TMI Blog2003 (12) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... EC Scheme, in terms of Export-Import Policy 1992-1997 for import of various materials for manufacture of goods meant for export under the DEEC scheme. The respondents have imported consignments of various goods under various Bills of Entry by availing the benefit of Notification No. 203/92-Cus., dated 19-5-1992. In terms of Para (V) of the said Notification, the export obligation is to be discharged by exporting the goods for which no input stage credit is obtained under Rule 56A/57A of Central Excise Rules, 1944. Since the importers had availed Modvat credit on the goods used in the manufacture of products exported under VABALs, they have violated the condition stipulated in Para (V) of the Notification No. 203/92-Cus. and consequently the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heme/Notification and availing of double benefits by prima facie suppression/misrepresentation of the facts, provided that the conditions stipulated in the Amnesty Scheme are followed strictly. The respondents had availed of Modvat benefit on inputs used in production of consignments exported towards discharge of export obligation. This was clearly in violation of the conditions stipulated in Notification No. 203/1992-Cus. Subsequent to export, they reversed the credit taken initially, but this did not extinguish the contravention and the corresponding duty liability for import of inputs effected without payment of duty subsequently. In the Amnesty Scheme, a special dispensation was given by the Government as a one time special gesture, not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the input credit of Rs. 1,31,788/- on 26-6-1995 and of Rs. 5,12,907/- on 5-7-1995. Thus, they had reversed the entire amount of input credit availed during June/July, 1995. The Amnesty Scheme permit reversal of Modvat credit availed by the exporters under VABAL was applicable only to those importers/exporters who had not reversed the Modvat credit. However, the Modvat credit requires to be reversed was computed as per formula prescribed in Circular No. 285/1/97-CX., dated 10-1-1997 issued by CBEC. As per the formula, the Modvat credit computed for the respondents worked out to Rs. 8,21,218/- considering that Rs. 6,44,495/- had already been reversed, the respondents reversed the balance amount of Rs. 1,76,523/- on 31-1-1997. The interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l export products under exemption Notification No. 203/1992-Cus., dated 19-5-1992. They have also taken the Modvat credit of the duty under Rule 57A of Central Excise Rules, 1944. According to the conditions in Para (V) of the said Notification, no credit of input duty was required to be taken for availing the exemption under Notification No. 203/1992-Cus., the respondents had debited Rs. 6,44,495/- in respect of the inputs imported by them in the month of June/July, 1995. However, they had not paid any interest on the Modvat credit availed by them from the date of availment till the date of debit. They came under the Amnesty Scheme when Show Cause Notice dated 6-12-1995 was issued to them by the Department for recovery of customs duty of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and on no other basis. It is well settled that in a taxing statute, there is no room for any intendment and regard must be had to the clear meaning of the words and that the matter should be governed only by the language of the notification........ . 8. We find that in this case, the Respondents have deposited the interest on 6-2-1997 and on 9-9-1998. Therefore, they have violated the terms and conditions of the Amnesty Scheme. Therefore, Commissioner was not correct in dropping the duty demanded in the Show Cause Notice and not imposing the penalty and in withdrawing the case proceedings. 9. We, therefore, set aside the order passed by the Commissioner of Customs (Adjudication), Madras and direct the Commissioner to re-adjudicate the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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