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1998 (9) TMI 317 - CEGAT, MUMBAIExtract: .......case does not arise at all as such provision was not there in the statute at the material time. Moreover, in the impugned order the Collector (Appeals) has upheld the Assistant Collector rsquo s order on merits denying the Modvat and has only set aside the penalty on the respondents. In the result the appeal is without substance and hence rejected.
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