2002 (3) TMI 857

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..... have made a prayer for decision of the case on merits. Accordingly, I have heard Shri A.K. Pandit, ld. JDR, for the Revenue and have gone through the impugned orders. 2. The appellants availed the Modvat credit of "Special Additional Duty of Customs" paid by them on the imported inputs on 21-12-99. They were issued Show Cause Notice on 2-2-2000 for reversal of the said amount. The said amoun .....

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..... h it can be safely concluded that the appellants were under bona fide belief that Rule 57A allows them to take credit. The Revenue objected to taking of the credit after all the papers were submitted by the appellants. As such I do not find any justification for imposition of penalty upon the appellants. The same is accordingly set aside and the appeal is allowed to that extent." 4. In view .....

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