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TMI Blog2020 (3) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... llant had availed the input stage Modvat credit, which was in violation of provisions of Para 126 of the Handbook of Procedures laid down in the EXIM Policy, 1992-97 read with the Notification dated 19-5-1992 - HELD THAT:- It is an admitted fact on record that the Advance Licence was issued by the office of DGFT in favour of M/s. Hap International, which was transferred in favour of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... valid licence by the competent authority i.e. DGFT cannot be questioned by the Customs Authorities, in absence of any provisions contained in the exemption notification - the Civil Appeal filed by Revenue against the said Larger Bench decision was dismissed by the Hon ble Supreme Court in COMMISSIONER OF CUSTOMS (IMPORTS), BOMBAY VERSUS HICO ENTERPRISES [ 2008 (4) TMI 117 - SUPREME COURT] . There ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7A of the erstwhile Rules, 1944. The case of the department is that the appellant had availed the input stage Modvat credit, which was in violation of provisions of Para 126 of the Handbook of Procedures laid down in the EXIM Policy, 1992-97 read with the Notification dated 19-5-1992. Accordingly, the department had initiated show cause proceedings against the appellant for confirmation of the dut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .T. 135 (Tri. - LB). 4. It is an admitted fact on record that the Advance Licence was issued by the office of DGFT in favour of M/s. Hap International, which was transferred in favour of the appellant for procurement of the duty free imported goods. On perusal of the case records, it transpires that the appellant had not availed any Modvat credit in respect of the goods imported by it. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nch decision was dismissed by the Hon'ble Supreme Court [2008 (228) E.L.T. 161 (S.C.)]. Hence, we are of the considered view that the issue arising out of the present dispute is no more res integra. 5. In view of the above, we do not find any merits in the impugned order. Accordingly, by setting aside the same, the appeal is allowed in favour of the appellant. (Operative part of the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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