2000 (11) TMI 1163

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..... n this Stay Petition, M/s. Mehra Traders, Dum Dum, seek waiver of the condition of pre-deposit of entire penalty of Rs.27,945/- imposed on them vide Order-in-Original No. 33(52) Cal.9/97/AC, dated 1-10-1997 of Assistant Commissioner, 'G' Division, Calcutta. 2. Shri D.K. Sarkar, ld. Consultant, submits that in the show cause notice it was alleged that during the period from October to Decembe .....

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..... applicants reversed the same much before the adjudication order was issued. He clarified that the applicants were unaware of the correct legal position when they availed Modvat credit in respect of the said additional duty. He pleads that imposition of penalty was not warranted as the applicants had no intention to take Modvat credit fraudulently. He, therefore, argues that there is a strong prima .....

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