9911796707
TMI Blog2024 (9) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... . Raw materials had been imported under 23 Bills of Entry spanning the period 21.08.1998 - 17.12.1998. The writ petitioner had sought the benefit of adjustment of Countervailing Duty (CVD) against Duty Entitlement Pass Book (DEPB) scrips that it had held. 2. The entire amount of duty of an amount of Rs. 28,42,745/- was paid by way of debit from the DEPB scrips. There was some ambiguity at that point in time as to whether petitioner would be simultaneously eligible for Modified Value Added Tax (MODVAT) credit as well, if the duty liability of the imports had been met by way of debit to the DEPB scrips. 3. Hence by way of abundant action, the sought petitioner remitted the entirety of the duty once again on 19.7.1999, and made an applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid in cash as the application dated 26.8.99 had been made within the period of limitation qua the remittance of the duty by cash. As far as the request of the writ petitioner seeking re-credit to the DEPB account was concerned, that argument was rejected on the ground that the tenure of the scrip was itself over and hence re-credit was not possible. 8. The present appeal is filed by the Department assailing the directions of the learned Single Judge to refund the duty paid in cash as, according to Department, such refund is impermissible. They would argue that the availment of MODVAT credit is contrary to law in cases where credit had been remitted by way of adjustment to DEPB scrips. 9. This issue is no longer res integra as it has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... porter has been issued a Duty Entitlement Pass Book by the Licensing Authority in pursuance of paragraphs 7.25 read with paragraph 7.29 of the Export and Import Policy (hereinafter referred to as said Duty Entitlement Pass Book). (ii) The importer has been permitted credit entries in the said Duty Entitlement Pass Book at the rates notified by the Government of India in the Ministry of Commerce for the products exported or has been allowed a provisional credit in the said Duty Entitlement Pass Book by the Licensing Authority to be set-off by the credits earned on exports to be subsequently effected;" (iii) The said Duty Entitlement Pass Book is produced before the proper officer of Customs for debit of the duties leviable on the goods b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be valid till the last day of the said month. Provided further that the Commissioner of Customs may by special order and subject to such conditions as may be specified by him, permit imports and exports from any other sea port, airport, inland container deport or through a land customs station; (v) The importer claiming exemption from duties against provisional credit permitted under paragraphs 7.35 of 'Export and Import Policy' by the Licensing authorities, executes a bond in such form and for such sum, with such surety or securities as may be prescribed by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, binding himself to pay on demand duty leviable on goods imported but for the exemption contained herein tog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002." 12. The conclusion of the Court is from paragraph 19 onwards, wherein the Bench reiterates that in the background of the DEPB Scheme and the purpose of the MODVAT Scheme, the availing of credit by way of debit to DEPB is in pari materia with, and as good as payment of tax by way of cash in terms of Rule 57(9) of the Central Excise Rules. 13. Their conclusion is thus that the stipulations under Notification dated 03.04.97 cannot under any circumstances be held to be a limitation for the purpose of claim of MODVAT. There does not appear to be anything available to show that this decision has been reversed in appeal. Hence, and applying the ratio of the decision of this Court in the case of SPIC Ltd., with which we concur, we confirm t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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