https://www.taxtmi.com/caselaws?id=335491 A demand under Notification No. 203/92-Cus. was found unsustainable because the alleged breach of condition V(A) was not supported by evidence. The show cause notice merely alleged that Modvat credit had been taken on the exported goods, but no factual verification or documentary material established availment of input-stage credit, and the non-availment declaration on the export documents was not shown to be false. In the absence of proof of suppression or misstatement, the extended period could not be invoked. With the duty demand failing on merits, the consequential interest and penalty also could not survive. en-us Mon, 24 Oct 2016 00:00:00 +0530 Sat, 03 Dec 2016 07:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=335491 A demand under Notification No. 203/92-Cus. was found unsustainable because the alleged breach of condition V(A) was not supported by evidence. The show cause notice merely alleged that Modvat credit had been taken on the exported goods, but no factual verification or documentary material established availment of input-stage credit, and the non-availment declaration on the export documents was not shown to be false. In the absence of proof of suppression or misstatement, the extended period could not be invoked. With the duty demand failing on merits, the consequential interest and penalty also could not survive. Case-Laws Customs Mon, 24 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=335491