https://www.taxtmi.com/caselaws?id=109644 A prima facie case for waiver of pre-deposit was found in a dispute over duty-free imports under the VBAL Scheme and alleged simultaneous Modvat credit on inputs used for export goods. The Tribunal applied the principle from Goodluck Industries, as affirmed by the Supreme Court, that the burden of proving availment of Modvat credit on the relevant inputs rests on the original licencee, not the transferee. As the record showed no prima facie basis to support the allegation that the original importers had taken such credit, the duty and penalty deposit requirement was stayed pending appeal. en-us Fri, 29 Aug 2003 00:00:00 +0530 Wed, 11 Apr 2012 11:50:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109644 A prima facie case for waiver of pre-deposit was found in a dispute over duty-free imports under the VBAL Scheme and alleged simultaneous Modvat credit on inputs used for export goods. The Tribunal applied the principle from Goodluck Industries, as affirmed by the Supreme Court, that the burden of proving availment of Modvat credit on the relevant inputs rests on the original licencee, not the transferee. As the record showed no prima facie basis to support the allegation that the original importers had taken such credit, the duty and penalty deposit requirement was stayed pending appeal. Case-Laws Customs Fri, 29 Aug 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109644