2010 (9) TMI 261

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..... a: Learned advocate appearing for the appellant submits that demand stands confirmed against them by denying the benefit of Notification No.30/04-CE on the ground that they have availed modvat credit in respect of the raw materials used in the manufacture of the final product which were cleared on payment of concessional rate of duty in terms of Notification No.29/04 as well as under full exempti .....

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..... 72 of the Finance Act, 2010, he intends to make an application before the Commissioner for setting aside the demand on the ground that credit has been reversed by them. In view of the above statement made by the learned advocate, we dispense with the condition of pre-deposit of dues, allow the stay petition, set aside the impugned order and remand the matter to Commissioner so as to enable the app .....

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