2006 (3) TMI 445

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..... SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The prayer in the application is for dispensing with the condition of pre-deposit of duty amount of Rs. 15,21,29,732/- (Rupees fifteen crores twenty one lakhs twenty nine thousand seven hundred thirty two only) and penalty of Rs. 10,00,000/- (Rupees ten lakhs only). 2. We have heard the ld. Advocate Shri D.P. Bhave, app .....

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..... ve contention of the ld. Advocate that in any case, credit cannot be disallowed to the appellant on the above ground. Basically, the dispute revolves around timings of taking of credit, which may invite same interest angle or penal action against the appellant, but cannot result in denial of credit to the assessee. In view of the above, we allow the stay petition unconditionally. (Pronounced in C .....

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