2004 (1) TMI 454

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..... der]. Heard. 2. The entire duty of Rs. 3,79,808/- had already been deposited by the appellants. Therefore, in the facts and circumstances of the case, pre-deposit of the entire penalty of Rs. 20,000/- is waived, recovery stayed till the disposal of appeal. 3. The learned Counsel has stated that issue involved is very short and the appeal itself can be disposed of. 4. I have gone throug .....

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..... the goods on payment of full duty, they are entitled to avail Modvat credit on the duty paid inputs utilized in the manufacture of the goods. Therefore, the impugned order denying them Modvat credit deserves to be modified. Consequently, the impugned order in respect of confirmation of duty, interest and penalty on the appellants is maintained but the appellants are entitled to claim Modvat credit .....

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