9911796707
TMI Blog2003 (10) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... , SDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. The appeal is taken up for hearing with the consent of both sides after waiving pre-deposit of duty and penalty as the issue in dispute stands covered by the earlier order of the Tribunal in the appellants own case. 2. The appellants herein, who are engaged, inter alia, in the manufacture of polyester filament ya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and discharged. On 26-2-1996 Central Excise officers of the preventive unit of Nagpur visited the appellants factory and directed them to reverse an amount of Rs. 117,00,296/- towards Modvat credit in respect of inputs used in the manufacture of the goods exported under the above two licences and accordingly the appellants reversed the above amount. On 26-8-1996 the appellants filed a claim for r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of availment of Modvat credit in respect of inputs exported under the two VBAL issued to the appellants. Similar notice was issued by Commissioner of Customs, Kandla in August, 1997 in respect of import effected by availing benefit of the said exemption from other ports. The appellants filed replies to both the notices. The Commissioner vide order dated 31-3-1998 dropped the proceedings against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal has concluded that the appellants had complied with the conditions of Notification 203/92-Cus. and therefore there is no basis in the case of the Department. The Tribunal has agreed with the plea of the appellants that the only amount of the Modvat credit required to be reversed in respect of goods exported against the VBALs was Rs. 5,24,829/- which had been reversed; thus fulfilled the rele ..... X X X X Extracts X X X X X X X X Extracts X X X X
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