2002 (5) TMI 716

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....spondent. [Order per : Gowri Shankar, Member (T)]. - Appeals are taken up for disposal after waiving deposit. 2. We have heard the counsel for K.C. Kapoor & Sons. Minar Enterprises is absent and unrepresented despite notice. We have read its appeal memorandum and heard the departmental representative. 3. The common notice issued to these two appellants, Aswin Traders and three other....

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....ons that the notice itself was not received and no reply was filed. Minar Enterprises contends in its appeal that credit was not availed of. It also contends that hearing was not granted. Since the law on the issue is well settled we think it appropriate to decide on merits rather than remand it. 5. The exemption contained in Notification 203/92 is applicable to goods which are imported. It ....

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....t a person who obtained the licence consequent upon export of goods does not become ipso facto liable to pay duty by transferring licence. Even in a situation where Modvat credit is availed of in the manufacture of the export goods the position would be undisturbed. In such a case it is the benefit of exemption under the notification 203/92 that will not be available. In other words the import dut....