1997 (11) TMI 150

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....nt. Shri D. Gurnani, JDR, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. -  The application is for waiver of duty amount of Rs. 1,12,553/- which is demanded from the applicant as wrongly availed exemption under Notification No. 1/93 by the applicants. 2. Shri M.H. Patil, the ld. Counsel for the applicants submitted that the Commissioner (Appeals) in the imp....

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....tion the Tribunal has granted stay of the pre-deposit. 3. Shri Gurnani, the ld. DR referred to the terms of the notification in para 1(a)(i) which is merely to the effect that where a manufacturer avails of the Modvat credit under Rule 57A, he can claim only the concessional rate of duty and not the full exemption. The applicants are squarely hit by this provision. 4. We have caref....