2001 (10) TMI 214

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..... e cord fabric captively consumed in the manufacture of both exempted variety of tyres, namely animal drawn vehicle tyres and dutiable tyres. Additional excise duty of Rs. 2,62,68,253/- was confirmed holding that the goods fall for classification under Heading 59.02. In addition basic excise duty of Rs. 1,19,520/- has also been levied. Penalty of Rs. 60 lakhs has also been imposed upon the appellan .....

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..... n terms of Notification 5/99, dated 28-2-1999 (in terms of serial No. 163 of the table annexed to the notification) is also to be accepted. Serial No. 163 grants exemption from payment of duty to rubberised textile fabrics falling under sub-heading 5906.99 if no credit under Rule 57A or 57B of the Central Excise Rules has been availed and the appellants although availed of the Modvat credit, rever .....

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