https://www.taxtmi.com/caselaws?id=52466 The Appellate Tribunal CESTAT, Mumbai, ruled in a case involving recovery of duty and penalty under Section 112(a) of the Custom Act. The burden of proof for export obligation and Modvat credit rested with the original licensee, not the transferee. The extended period could not be invoked against the transferee once the exporters fulfilled their obligations. Due to lack of evidence on Modvat credit reversal by exporters, liability under Section 111(o) was dismissed. The Tribunal held that the determination of duty and interest jointly and severally from multiple persons was unsustainable, leading to setting aside the order against the importer. en-us Tue, 04 Nov 2003 00:00:00 +0530 Wed, 06 Oct 2010 10:16:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52466 The Appellate Tribunal CESTAT, Mumbai, ruled in a case involving recovery of duty and penalty under Section 112(a) of the Custom Act. The burden of proof for export obligation and Modvat credit rested with the original licensee, not the transferee. The extended period could not be invoked against the transferee once the exporters fulfilled their obligations. Due to lack of evidence on Modvat credit reversal by exporters, liability under Section 111(o) was dismissed. The Tribunal held that the determination of duty and interest jointly and severally from multiple persons was unsustainable, leading to setting aside the order against the importer. Case-Laws Customs Tue, 04 Nov 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52466