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2004 (6) TMI 349

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..... ndent. [Order]. - In this appeal, the Revenue has questioned the correctness of the impugned order-in-appeal vide which the Commissioner (Appeals) has set aside the penalty of Rs. 50,000/- as imposed on the respondents by the adjudicating authority for having taken excess credit wrongly on the basis of the invoices issued by the Indian Oil Corporation Ltd. The learned JDR has stated that the im .....

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..... urring on the part of the IOC in indicating the amount of duty in the invoice they reversed the excess credit. Therefore, no imposition of penalty is warranted in this case against the respondents and the Commissioner (Appeals) has rightly set aside the same. I do not find any illegality in the impugned order and the same is upheld. The appeal of the Revenue is dismissed.
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