1992 (7) TMI 160

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..... [Order per : R. Jayaraman, Member (T)]. - For hearing the applicants appeal on merits, they are required to deposit a sum of Rs. 3,22,823/- towards duty. Their plant and machinery have been ordered confiscation but allowed redemption on payment of fine of Rs. 25,000/-. They have already deposited the penalty and reversed the MODVAT Credit. 2. Shri Willingdon Christian, the Ld. Adv. for the app .....

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..... After hearing both the sides, we find that the only issue giving room for short levy is the availment of MODVAT Credit alleged to have been irregularly taken, which was utilized towards the clearance of the final product, resulting in short levy on the final product. Hence when the MODVAT Credit alleged to have been taken irregularly has been reversed, the question of demanding duty again to the .....

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