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TMI Blog2016 (8) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... nput stage credit. Clause (V)(a) of Notification No. 203/92-Cus prohibited availment of input stage credit in respect of such goods. - Held that:- even if the third party exporter had availed input stage credit, the benefit of Notification No. 203/92 cannot be availed. The appellants has been the declaration as prescribed under the Schedule of the Notification to this aspect while applying for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nical) Shri Rakesh Shah, Sr. Manager for the Appellant Shri Chatru Singh, AC (AR) for the Respondent ORDER Per Raju The appellant, M/s Atul Ltd., imported certain goods using DEEC license issued under Notification No. 203/92-Cus. The benefit of said notification was sought to be denied on the ground that the goods exported for procuring the said license were manufactured by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TIOL-162-SC-Cus, wherein interest @ 9% only was confirmed. He further argued that penalty has been imposed under Section 114A, which has not been invoked in the show-cause notice. He further argued that at the material time there is a lot of confusion and Amnesty scheme was floated by the Government. In these circumstances, he argued that the extended period could not have been invoked in this cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by a person, the same is to be proved by that person. However, in this case, there is a specific declaration by the appellant that they have followed the conditions of the notification which include that the goods exported have not been availed the input stage credit. The appellants have failed to substitute the said declaration by providing evidence. In these circumstances, I find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er annum to 9% per annum. Further, there shall not be any penalty. I find that in the said case, interest rate was reduced due to peculiar condition of the said case and in exercise of extraordinary power of the Hon'ble Apex Court. In view of the above, I am unable to extend the said benefit to the appellant. 4.1 I further find that show-cause notice invoked section 112(a) of the Custo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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