2004 (3) TMI 153

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.... 203/92, dtd. 19-5-92 for manufacture of Computer printers to meet their export obligation under Value Based Advance Licences. They availed Modvat credit under Rule 57A of the Central Excise Rules of CVD as well as Excise Duty payment as per Bills of Entry/Invoices issued by the supplier of the inputs. As per Clause V(a) of Notification No. 203/92-Cus., dtd. 19-5-92, no input stage credit under Rule 57A or any other Central Excise benefit are to be availed in respect of the goods to be exported for fulfilment of export obligation. In view of this provision the appellants provisionally reversed the Modvat credit availed by them. The Government of India issued an amnesty scheme under F. No. 605/140/95-DBK, dtd. 3-1-97 giving direction for rev....

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....r remittances of interest, but only on finalisation of the issue the Customs authorities holding that the reversal/remittances covered total amount as per formula laid down in Circular No. 285/1/97-CX., dt. 10-1-97 and subsequent Circular of the Board No. 218/34/97-CX, dtd. 26-6-97 and 322/38/97-CX, dtd. 9-7-77, issuing guidelines regarding the aforesaid finalisation of the issue in respect of reversal/remittances made by the exporters for compliance with Notfn. No. 203/92-CX, dtd. 19-5-92. He pleaded that the issue involved in this appeal has already been settled by the following decisions of the Tribunal :- (a)        Visakhapatnam Steel Plant v. CCE, Visak [2002 (149) E.L.T. 708 (T) = 2002 (52) RLT 8....

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.... not applicable for getting credit in their Modvat credit account for the amount debited in excess as has been held by this Bench under Order Nos. 1476-1477, dtd. 21-11-2003 in case of CCE, Bangalore v. Vikrant Tyres Ltd. Therefore, the order of the lower authorities applying the time limit of six months under Sec. 11B of Central Excise Act from the date of provisional debit of the Modvat credit from their account is not applicable in this case. We also find that in case of Visakhapatnam Steel Plant v. CCE, Visak (supra), Tribunal has observed that "there is no provision in Modvat Rules requiring the assessees to obtain special permission from the Department before taking the credit on utilizing the credits so taken. All that is required is....