BHARTI TELECOM LTD. vs COMMISSIONER OF CUSTOMS

The Supreme Court held that the appellant was entitled to benefit under the Amnesty Scheme despite reversing modvat credit prior to its enforcement, as the scheme recognizes such reversals. The Court found that the denial of benefits based on the timing of the reversal was unjustified, emphasizing that the appellant had complied with the conditions of Notification No.203/92 by reversing the modvat credit. The Court set aside the Tribunal's order regarding the denial of the Amnesty Scheme benefits, thereby allowing the appeal.