2001 (1) TMI 402

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.... JDR, for the Respondent. [Order]. -  M/s. Dindayal Aushadhi (P) Ltd. have filed this appeal being aggrieved by Order-in-Appeal No. 1040/99 dated 6-8-1999 passed by the Commissioner (Appeals), Bhopal confirming the demand of Modvat credit. 2. Shri Ravi Holani, learned C.A., submitted that the Appellants initially availed benefit of full exemption of payment of duty upto first cl....

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....id period in terms of provisions of Rule 57-C of the Central Excise Rules; that the Commissioner (Appeals) also dismissed their appeal under the impugned Order. 3. The learned C.A., further, submitted that the inputs were lying in their stock on the day they started removal of goods on payment of duty and as such they are eligible for availing of Modvat Credit on such inputs lying in stock....

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....ice was issued to the Appellants on 26-8-1996 through Range Suptd. which was received by them on 30-8-1996. They had filed a reply dated 30-9-1996 to the show cause notice and the receipt of which has been acknowledged on the same day by the Central Excise Office. The Adjudicaton Order was passed by the Asstt. Commissioner on 24-10-1996 in which he has mentioned that the Appellants did not file an....