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Commissioner of Central Excise, Allahabad Versus M/s ITI Ltd.

2016 (10) TMI 336 - CESTAT ALLAHABAD

Dis-allowance of Modvat credit under Section 57Q of Central Excise Rule, 1944 - allowance of part of credit and dis-allowance of part of credit by adjudicating authority - matter on appeal before Commissioner (Appeals), who gave a different view - ap .....

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e power of the first appellate authority is co-extensive with that of the adjudicating authority. Thus, the filing of the appeal subsequently by the Revenue before the Commissioner (Appeals) disputing the amount of ₹ 16,08,586/- was also hit by .....

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l) and Mr. Anil G. Shakkarwar, Member (Technical) Shri D.K. Deb (Asstt. Commr.) A.R., for the Department Shri S.P. Ojha (Consultant), for the Respondent(s) ORDER This appeal is filed by the Revenue against Order-in-Appeal 132/CE/ALLD/2007 dated 28-06 .....

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provided under Section 57Q of Central Excise Rule, 1944. Show Cause Notice was issued, alleging irregular availment of credit on several goods availed during the Financial Year 1996-97, being notice dated 27-03-1997, proposing to disallow Modvat cred .....

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icating Authority allowed the Credit of ₹ 16,08,586/- and confirmed the demand amounting to ₹ 11,27,555/-. Being aggrieved the appellant had filed appeal before the Commissioner (Appeals) and vide Order-in-Appeal dated 22-12-2006, the Id. .....

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t of Order-in-Original by which credit of ₹ 16,08,586/- was allowed. Being aggrieved the appellant filed the appeal before the Commissioner (Appeals). The Id. Commissioner (Appeals) vide Order-in-Appeal dated 28-06-2007, upheld the allowing of .....

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