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2003 (1) TMI 624 - CEGAT, KOLKATAExtract: .......e cannot insist for such use out of the non-modvatable inputs and the Modvat credit would not be deemed to have been lying in their stock. There is no warrant for adopting the said reason of the Revenue. Accordingly, I set aside the impugned order and allow the appeal with consequential relief to the appellants. Stay Petition also gets disposed of.
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