https://www.taxtmi.com/caselaws?id=52333 Conditional customs exemption under Notification No. 204/92-Cus. was unavailable where Modvat credit had already been taken on the exported goods, because the scheme does not permit a double benefit. Transfer of the advance licence did not cure the defect, as a transferee cannot claim an exemption that was unavailable to the original licence holder. The extended period under the first proviso to Section 28(1) of the Customs Act, 1962 could be invoked where suppression or mis-statement by the importer, exporter, or their agent caused non-levy or short-levy, and it did not matter that the suppression occurred before another authority. Duty, interest, and penalty could therefore not be dropped outright. en-us Wed, 05 Nov 2003 00:00:00 +0530 Wed, 03 Jul 2024 19:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52333 Conditional customs exemption under Notification No. 204/92-Cus. was unavailable where Modvat credit had already been taken on the exported goods, because the scheme does not permit a double benefit. Transfer of the advance licence did not cure the defect, as a transferee cannot claim an exemption that was unavailable to the original licence holder. The extended period under the first proviso to Section 28(1) of the Customs Act, 1962 could be invoked where suppression or mis-statement by the importer, exporter, or their agent caused non-levy or short-levy, and it did not matter that the suppression occurred before another authority. Duty, interest, and penalty could therefore not be dropped outright. Case-Laws Customs Wed, 05 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52333