2018 (6) TMI 138

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....Additional Commissioner (AR), for respondent ORDER Per: CJ Mathew These two appeals of M/s Akai Impex Ltd and Shri KL Dhingra assailed order-in-original no. CAO No. 75- 97/CAC/CC-II dated 26th June of Commissioner of Customs, Mumbai-II, which has confirmed recovery of duty foregon on goods at the time of import against three 'quantity-based advance licences' issued under the Duty Exemptio....

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....ed; both of which were necessary prescribed conditions for eligibility to benefit of exemption. 3. Learned Counsel for appellant contends that MODVAT credit attributable to inputs used in the export had been surrendered by deposit of cheque no. 020728 dated 12th January 1995 in favour of Collector of Central Excise, Bombay-III (as it then was) and they had thereby overcome that impediment for d....

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....eard both sides and considered all the facts on record, we are of the opinion that the obtaining of redemption certificate from the licensing authority is merely a technical formality. We take note that the redemption certificate has been issued, albeit subsequently, without casting any doubts on the exports claimed to have been effected by the appellant in their application to the licensing autho....

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....en steps to reverse the MODVAT credit. Whether the reversal did occur or not is still an open to question; despite the specific directions of the Tribunal vide order dated 23^rd October 2017, Commissioner (Exports), Mumbai-II has not been able to illuminate us with a specific report. Awaiting a decisive report from that authority may be an exercise in futility. At the hearing held on 15th of Janua....