1999 (3) TMI 380

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..... Suman, JDR, for the Respondents. [Order per : J.H. Joglekar, Member (T)]. -  During the hearing of the arguments on these two stay applications, it appeared that at this stage itself the main appeals could be disposed of. Both sides being an agreement, the main appeals were taken up for disposal. 2. Both appeals are filed by the same appellants and the grounds are also the sam....

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....ground the benefit of Notification 203/92-Cus. was sought to be denied. No reply was filed by the exporters nor did they avail of the opportunities given by the Commissioner to appear for the hearing. In the impugned order the Commissioner held that in the absence of contest the fact that the exporters had used Modvat credit stood established. He also made the observation that even where the impor....

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....ppellants were granted a value based advance licence dated 22-9-1994. The raw materials were imported under 3 bills of entry bearing Nos. 4913 & 4914, dated 7-10-1994 as also No. 11669, dated 20-12-1994. The final goods were exported under 9 shipping bills. In the case of 5 shipping bills the Modvat credit availed was subsequently reversed. Shri Nankani refers to copies of these documents placed o....

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.... credit was not availed of or in certain cases where it was initially availed of, the same was reversed later. Shri Nankani submits that in the case of appeal No. C/1002 the value based advance licence dated 22-7-1994 was subsequently converted into a quantity based advance licence vide amendment made by the competent authority on 8-6-1995. It is his submission that the amendment would apply retro....