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2008 (2) TMI 440 - HC - Central ExciseCenvat/Modvat credit - Stock transfer - Held that: - it is apparent that one unit of the respondent-company manufacturers ingots and sends them to rerolling division for further conversion to re-rolled products of various sizes and the DGCI authorities having found the undervaluation of the goods which are sent from the first unit to the second unit, recovered differential duty and subsequently, the revenue proceeded against the assessee on the ground that an amount of ₹ 3,37,989/- being the credit was wrongly taken in violation of the provisions of Rule 7(b) of Cenvat Credit Rules, 2002 r/w Section 11AC of the Central Excise Act - in the absence of any substantial question of law raised in this appeal and in view of the failure to show that the respondent-company has involved in any fraud or suppression of facts, we have no hesitation to hold that the order of the Tribunal does not suffer from any illegality or infirmity and hence, the appeal is liable to be dismissed - decided against appellant.
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