2008 (6) TMI 469

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....Appellant. S/Shri M.H. Patil and D.H. Nadkarni, Advocates, for the Respondent. [Order per : A.K. Srivastava, Member (T)]. - This appeal is filed by the Revenue. 2. Heard both the sides and perused the records. 3. The respondents had imported goods under the Value Based Advance Licence Scheme. Subsequently, a show cause notice was issued alleging availment of Modvat credit ....

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....92-93 to 1996-97 before the closure of the Amnesty Scheme. The differential amount demanded by the Central Excise Department was reversed along with the interest on 31-3-1998 i.e. after the cut off date of the aforementioned Amnesty Scheme. He observed that the difference in amount was due to the dispute between the respondents and the Department and hence the delay in reversing the full amount wa....

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....ported in 2006 (198) E.L.T. 179 (Madras) in which it was held that the reversal of credit with prescribed rate of interest was in accordance with the Amnesty Scheme although the reversal was done partly before and after cut off date of 31-1-1997. We have perused this judgment. In this judgment, the party had reversed the total Modvat credit of Rs. 81,46,490/- and also debited an amount of Rs. 19,2....

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.... benefit of the said Scheme. Following the ratio of the Supreme Court judgment in the case of M/s. Bharti Telecom cited supra, we hold that the benefit of Amnesty Scheme is not admissible to the respondents. 9. Once it is held that the benefit of Amnesty Scheme is not admissible, the matter has to be remanded to the Commissioner for determining the sustainability of the show cause notice o....