2010 (3) TMI 656

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....J. (Oral)]. - This appeal, preferred by Appellant-Revenue proposes following three questions stated to be substantial questions of law : (a) "Whether in the facts and circumstances of the case, CESTAT is right in allowing appeal filed by the assessee on the ground of revenue neutrality which issue has been kept opened by the Hon'ble Supreme Court in the two cases relied upon by CESTAT? (b) W....

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.... is availing the benefit of Modvat Credit. The Tribunal has further found that as such whatever duty the assessee was paying was available as credit to its own unit (sister concern) and hence the entire exercise was revenue neutral. 4. The aforesaid findings of facts are not disputed. The grievance was that the aspect of undervaluation has not been considered by the Tribunal at all. Grievance w....