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2002 (1) TMI 515 - AT - Central ExciseExtract: .......erest as arrived at by the learned Commissioner. The penalty and interest could only be determined once it is established that the alleged lsquo double benefit rsquo i.e. of Modvat credit and income tax depreciation has actually been availed by the said assessee. 3. emsp In view of our findings we set aside the order and allow the appeal as remand.
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