2008 (11) TMI 191
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....espondent. [Order per : M. Veeraiyan, Member (T)].- Heard both sides. 2. The appellants obtained a DEEC licence which entitled them to import duty free re-rollable scrap (in addition to other items) and the appellant imported Heavy Melting Scrap (HMS) and filed bill of entry giving the description of HMS and claimed the benefit of Notification No. 203/92-Cus., dated 19-5-1992 in terms of the DEE....
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....Modvat credit by the input suppliers so as to dis-entitle the appellants from availment of duty free exemption under Notification No. 203/92-Cus., dated 19-5-92 is also to be examined in the light of the submission of the appellants that the taking of modvat by the input suppliers stood cancelled upon payment of duty on the inputs by the appellants. The Commissioner shall verify whether the duty p....
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....hat what was imported by them being HMS, the same was not covered under the DEEC licence and their claim for the DEEC benefit under the notification was a mistake and same has also been accepted by the Department. Once they are not covered under DEEC licence, the question of their complying with the conditions under Notification No. 203/92 does not arise. They are willing to pay the duty on HMS as....
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....the conditions under the said notification. He relies on the decision of the Hon'ble Supreme Court in the case of CC, Calcutta v. Indian Rayon & Industries Limited reported in 2008 (229) E.L.T. 3 (S.C.) and particularly draws our attention to paras 4, 5 and 13 of the said decision. 5. We have carefully considered the submissions made from both sides. It is not in dispute that what was permitted u....