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<h1>Appeal allowed due to lack of evidence on mis-utilization of Modvat credit</h1> The appeal was allowed, setting aside the impugned order, as the appellant successfully argued against wilful evasion and the lack of evidence of ... Demand - Limitation The appeal was filed against the decision of the Additional Commissioner of Central Excise regarding the utilization of Modvat credit for a different product. The appellant successfully argued that there was no wilful evasion and the department failed to provide evidence of mis-utilization. The appeal was allowed, setting aside the impugned order.