Collector Of Central Excise, Meerut vs Modi Rubber Ltd on 9 October, 2001
In the case of Jaysynth Dyechem Pvt. Ltd. Vs. Union of India
(1991, 51 ELT 246), the Bombay High Court was construing an exemption
notification in which a proviso similar to the one which is contained in
Notification No. 95/83 was construed by the High Court. The High Court
held that the said proviso deals with the procedure to be followed in availing
of set off of countervailing customs duty paid on imported intermediaries,
but does not import the substantive provision of Rule 56A so as to defeat the
exemption. It is not necessary, in the present case, to go into the question of
interplay of Notification No. 95/83 and Rule 56A. The view taken by us
does not rest on any substantive provision of Rule 56A.