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TMI Blog2009 (8) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... and, therefore, could not be held guilty of suppression with intention to evade payment of duty. The requantification of duty payable within the normal period of limitation alone is required to be carried out by the adjudicating authority to whom we have already remitted the case - No requantification is called for, for the period beyond the normal period of limitation. Application dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 100% EOU is restricted to the actual amount of additional duty of customs paid on such inputs and since it was noticed that the respondents took credit at a flat of 16% adv. irrespective of the fact that the actual additional duty on inputs was less than 16%, a show-cause notice dated 5-4-2002 was issued proposing disallowance of wrongly availed credit of Rs. 1,85,288/- together with appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 100% EOU namely (i) ascertainment of additional duty of customs leviable on like goods if imported into India from outside India, (ii) ascertainment of actual amount of duty, paid by the 100% EOU on the goods cleared to any part in India under Notification No. 2/95 and (iii) after ascertaining these above two elements the MODVAT credit has to be allowed to the manufacturer on the basis of the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s objection, we find that the contention of the assessees that the extended period of limitation is not available to the department for the reason that they were admissible under bona fide belief and, therefore, could not be held guilty of suppression with intention to evade payment of duty, merits acceptance as we note that the adjudicating authority himself has accepted that the assessees/respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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