1998 (3) TMI 240

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.... [Order]. -  Ld. Advocate, Shri P.K. Das prays for waiver of pre-deposit and stay of recovery of Rs. 1,43,224/- demanded by way of reversal of Modvat credit and penalty of Rs. 1,000/-. The aforesaid amount has been ordered to be reversed by the lower authorities on the grounds that (i) the dealer who issued the invoices in July and August 1994 have got themselves registered subsequently ....

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....the persons who issued the invoices; (iii) the credit of goods in part I account had been taken in July, August and September 1994. He, therefore, submits in any case there is only a procedural deviation and the appellants had been given guidance by the local Central Excise Officers. Since the registration had been done subsequently, the credit per se had to be taken subsequently even thou....

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....nce of all invoices issued by dealer registered upto 31-12-1994 and a very liberal approach has been taken by the Board under the said Circular. In view of the same, I agree with the submissions of the ld. Advocate that there is only a procedural deviation if any for not taking the credit within six months. The reasons advanced by the ld. Advocate on behalf of the appellants for not taking the cre....