2004 (11) TMI 366

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....5, on payment of Customs duty and countervailing duty. As they are entitled for availing Modvat credit on the countervailing duty paid by them they availed the same. The details of credit availed are as follows :- S. No. B/E NO. & DATE CREDIT AVAILED TOWARDS MODVAT RG 23A P-II S.No. 1. 004165; 18-4-1995 7,50,433-00 664 dt. 23-9-1995 2. 5720; 22-5-1995 2,21,855-00 519 dt. 19-8-1995 3. 72430; 12-12-1995 3,51,254-00 132; dt. 4-6-1996   TOTAL 13,23,542   Investigations conducted by the Special Intelligence and Investigation Branch (SIIB) Air Cargo Complex Chennai revealed that the Customs House Agent M/s. Far Port International to whom the appellants entrusted the clearance of goods cleared the goods clandestinel....

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....our of the Commissioner of Customs have been sent by the appellant, the duty in respect of the consignments is deemed to have been paid on the date the DD is deposited with the Customs Authorities. He also relied on the decision of the Larger Bench of the Tribunal in the case of CC, Jaipur v. Genus Overseas Electronics Ltd. [2003 (155) E.L.T. 541 (Tri-LB)], wherein it is held that the payment of duty by cheque would be the date of tender of the same and not realisation. Therefore, the date of tender of the DD would be the date of payment of the duty. In other words, as far as the payment is concerned, the appellant had already sent the DD for the appropriate amount of duty in favour of the Commissioner of Customs. The amount had also been c....