2018 (1) TMI 832

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....uring of Hand Made Woolen Carpets. The carpets, manufactured by appellants are exempt from excise duty. The appellant purchased Value Based Advance Licence (VABAL) from the original licence holder viz. M/s Satnam Overseas Ltd., exporter of rice and agricultural products. On the basis of transferred advance licence, the appellant-transferee imported specified goods vide Bill of Entry No.513 dated 01.01.1994. At the time of import clearance, benefit of Notification No. 203/92-Cus were extended to the appellant who received benefit of Customs duty amounting to Rs. 3,33,699/-. Subsequently, proceedings were initiated by Customs department by issuing show-cause notice dated 31.12.1998 demanding duty of Rs. 3,33,699/- on the ground that the origi....

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....n the fulfillment of condition at v(a) which is allowed only if no input stage credit is availed and the transferee-appellant cannot absolve themselves from the fulfillment of the condition as laid in the Condition No. v(a) of the said notification 203/1992. 4. Being aggrieved, the appellant is before this Tribunal. 5. Learned Counsel for the appellant states that the show-cause notice is not maintainable being vague and presumptive. There is no categorical averment in the show-cause notice that the original holder of the value based advance licence viz. M/s. Satnam Overseas Ltd, have taken CENVAT Credit on inputs. More over, the averment in reply to the show-cause notice made by the appellant that M/s. Satnam Overseas Ltd, has export....