2000 (9) TMI 109

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....ons arise for our consideration in this appeal. The first relates to the utilisation by the appellant of notification 203/92 exempting from payment of customs duty subject to the fulfilment of the various conditions, most important being the performance of an export obligation. One of the conditions in the notification is that the Modvat credit should not have been availed of in the manufacture of....

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....But it does not follow that the Modvat credit can be denied. There is no provision in the Modvat rules disallowing credit in a situation where customs duty exemption has been availed of. We therefore find no authority whatsoever for the denial by the Commissioner. The contention of the departmental representative that this point was not taken up by the assessee before the Commissioner is no answer....

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....prior to their clearance we are told is that the goods were cleared under rule 57F(4) to the appellant for it to cold roll these sheets and return to their manufacturer M/s. Essar Steel Limited. Subsequently M/s. Essar Steels Limited decided that it was not commercially viable to have these coils cold rolled by the appellant. M/s. Essar Steel Limited thus paid the duty on the goods. The appellant ....