2006 (1) TMI 380

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...., for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Appellant is a manufacturer of S.O. dyes and clears the same for exports and availed the benefits of Customs duty free import of inputs under Value Based Advance Licence Scheme (VABAL) in terms Notification No. 203/92-Cus., dt. 19-5-92 and under Quantity Based Advanced Licence Scheme (QBAL) in terms of Notification No. 204/92-Cus....

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....ees one crore eighty-two lakhs eighty-eight thousand three hundred seventy-five only). However the appellant subsequently realised that the credit involved in respect of exports made under VBAL Scheme was only to the extent of Rs. 99,15,456/- (Rupees Ninety-nine Lakhs Fifteen Thousand Four Hundred Fifty-six only) and they have reversed an extra amount of Rs. 83,72,919/- (Rupees Eighty-three Lakhs ....

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....ments. They have only produce a chart of their value based exports and have claimed that the rest of the exports be assumed to be quantity based. As such, Commissioner has not found any reasons to hold that the credit pertained to quantity based exports. Accordingly, he confirmed the amount in terms of Rule 57-I of Central Excise Rules read with Section 11A of CEA, 1944, along with confirmation of....

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....ra [2000 (122) E.L.T. 381 (Tri.)]. 4. After hearing the ld. DR, Shri S.S. Bhagat, we find that the Tribunal in the above referred case has observed that Notification No. 203/92-Cus. grants exemption from Customs duty on imported goods subject to the fulfilment of various conditions. One such conditions referred to is taking Modvat credit. If Modvat credit had been taken, the Department would....