Customs, Excise and Gold Tribunal - Mumbai
Somani Overseas Corporation vs Commissioner Of Customs, Mumbai on 13 August, 2001
ORDER
Gowri Shankar, Member(T)
1. Appeal taken up for disposal with consent.
2. The appeal is against the order of the Commissioner demanding duty on the goods imported by the applicant, and imposing penalty on it. The Commissioner holds that the benefit of notification 2.3/92 had been wrongly extended to the goods and was not available for the reason that conditions in that notification, that the modvat credit should not have been availed of in the manufacture of the exported product, had been contravened.
3. The notice does not indicate any basis for its conclusion that modvat credit had been availed of. It also does not indicate any basis for invoking the extended period contained in the proviso under sub-section (1) of Section 28 of the Act. The matter is covered by the ratio of the Tribunal's decision in Plastchem Industries vs. CC 2000 (120) ELT 775.
4. The appeal is accordingly allowed and the impugned order set aside.