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2011 (8) TMI 1002 - MADRAS HIGH COURTExtract: .......use notice was accepted. Hence the order of CESTAT making avilable such a benefit to the respondent/assessee for the entitlement of Modvat facility and consequently for refund of the duty already paid, after the show cause notice cannot be sustained. Accordingly, the question is answered in favour of the Revenue and the appeal is allowed. No costs.
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