1999 (4) TMI 196 - AT - Customs

Customs Tribunal: Modvat credit affects Notification No. 204/92 exemption.

The Tribunal held that the benefit of Notification No. 204/92 could not be granted if Modvat credit was initially availed, regardless of its subsequent ... Imports - Advance licence Issues Involved:1. Entitlement to the benefit of Notification No. 204/92.2. Interpretation of condition No. 6 of Notification No. 204/92.3. Transferability of advance license and its impact on the exemption benefit.4. Reversal of Modvat credit and its legal implications.5. Applicability of judgments from higher courts.Detailed Analysis:1. Entitlement to the Benefit of Notification No. 204/92:The department filed appeals against the decision of the Collector (Appeals), Mumbai, who granted the benefit of Notification No. 204/92 to the respondents. The Assistant Collector initially denied this benefit on the grounds that the exported goods were manufactured using Modvat credit on exempted materials. The Collector (Appeals) reversed this decision, stating that once the Modvat credit was reversed post-shipment, the Customs authorities could not question the transfer of the license, rendering the Modvat claim null and void.2. Interpretation of Condition No. 6 of Notification No. 204/92:The department contended that under condition No. 6 of Notification No. 204/92, if the exported goods were manufactured using Modvat credit, the exemption could not be availed for importing goods. The condition did not address the scenario where Modvat credit was reversed. The Customs authorities interpreted this notification to determine the admissibility of benefits for imported goods.3. Transferability of Advance License and Its Impact on the Exemption Benefit:The respondents argued that condition No. 6 applied only to the licensee, not the transferee of the license. They cited clause (8) of the notification, which allowed the benefit to the transferee once the licensing authority certified the transferability. They referenced the Supreme Court judgment in the Chandrapur Metals Works case to support their claim.4. Reversal of Modvat Credit and Its Legal Implications:The Collector (Appeals) held that the reversal of Modvat credit nullified the Modvat claim, allowing the benefit of the advance license. However, the Tribunal found this interpretation incorrect, stating that condition No. 6 explicitly prohibited the benefit of the advance license if Modvat credit was initially availed. The Tribunal emphasized that the Customs authorities had the right to interpret the notification and ensure compliance with its conditions.5. Applicability of Judgments from Higher Courts:The respondents relied on the Supreme Court judgment in the Chandrapur Magnet Wires P. Ltd. case, which allowed reversal of Modvat credit before the removal of exempted final products. However, the Tribunal distinguished this case, noting it did not involve an advance license but rather a Modvat claim for exempted goods. The Tribunal found the Orissa High Court's judgment in Raj Exports Aluminium Co. Ltd. more applicable, which emphasized that reversal of Modvat credit did not restore compliance with the exemption notification.Conclusion:The Tribunal concluded that the arguments of the respondents were to be rejected, and the department's appeals were to be accepted. The Tribunal held that the benefit of Notification No. 204/92 could not be granted if Modvat credit was initially availed, regardless of its subsequent reversal. The Customs authorities were within their rights to interpret and enforce the conditions of the notification, ensuring that the exemption benefits were not misapplied. The appeals of the department were allowed, reinforcing the strict interpretation of the notification's conditions.