1995 (11) TMI 227

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.... Respondent. [Order per : R. Jayaraman, Member (T)]. - The revenue have moved this application for granting stay against the Order-in-Appeal passed by the Collector (A) bearing No. 631/95 BCH., dated 11-9-1995. The respondents are the importers of goods against the DEEC licence transferred in their favour issued after obtaining suitable endorsement. The licence is quantity based licence and ....

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.... to be cleared on payment of duty amount to Rs. 5,43,256/-. The respondents approached the Collector (Appeals). In the impugned order allowed the appeal of the respondent. 2.  Shri Mondal, ld. SDR pleads that notwithstanding the transfer endorsed by the licensing authority, in the matter of interpretation of Customs Notification, the Customs authorities are entitled to go according to the ....

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....nt transfer might not have been decided at the time of export and may be exports have taken place in the normal course availing Modvat credit. Prima facie, we are unable to accept that when subsequently the Modvat credit is reversed, the benefit of duty free import under transferred licence can be denied. Moreover, provision contained in Condition No. (vi) appears to be to deny double benefit bein....