2009 (8) TMI 718

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..... product at the rate of 16% of duty, by paying the same out of their Modvat credit account - Revenue's contention is that such payment of higher duty at the tariff rate was with a view to encash the credit available in their accounts - Held that: - provisions of Section 11D would also have not applicability inasmuch as the duty charged by the appellant from its customer stand paid to the Revenue, t .....

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..... t the rate of 16% of duty, by paying the same out of their Modvat credit account. 2. The Revenue's contention is that such payment of higher duty at the tariff rate was with a view to encash the credit available in their accounts. Accordingly, they have confirmed duty of Rs. 3,94,040/- (Rupees three lakh ninety- four thousand and forty only) in terms of the provisions of Section 11D read w .....

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