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2004 (2) TMI 165 - CESTAT, BANGALOREExtract: .......as paid was available to the appellant as Modvat credit in the other units. 5. In view of what is stated above, we are of the opinion that the duty demand raised in the show cause notice is hit by limitation. The appeal is allowed on this ground after setting aside the impugned order. The appellant shall be entitled to consequential relief, if any.
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