1994 (3) TMI 238

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..... for the Respondent. [Order per : R. Jayaraman, Member (T)]. Though this day only stay application was listed for hearing, after hearing Shri Parakh and on the nature of prayer made, we have decided to take up the appeal itself for disposal. 2. The appeal is against the Order in Original No. 77/93-Collr. dt. 24-11-1993. The appellants are alleged to have utilised the Modvat credit amou .....

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..... allow the credit on payment of this duty. In view of this he is only seeking for setting aside the penalty and is not contesting the demand for duty. 4. After hearing both the sides, we find that there is no challenge with regard to duty demand. Having regard to the fact that there is no mala fide and no apparent revenue evasion is seen in this availment of credit, we set aside the penalty. Both .....

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