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2000 (5) TMI 647
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....JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - Briefly stated the facts of the case are as under : 1.1 The appellants received various inputs under the cover of gate passes from various suppliers and availed Modvat credit of duty paid on inputs. The materials were later on rejected and sent back to suppliers for rectification after surrendering the Modvat.....
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.... duty paying particulars. The appellants were able to get back the corrected gate passes after 30th June, 1994 only and Modvat credit was ultimately availed in December, 1994. 1.2. Thereafter, the appellants were issued a show cause notice for reversal of Modvat credit of Rs. 11,04,539.00 on the ground that credit taken on the strength of the gate passes in terms of Notification No. 16/94 ....
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.... He submits that denial of Modvat credit on this technical ground was not justified. He places reliance on the Tribunal's decision in the case of Hybird Electronics System Pvt. Ltd. v. C.C.E., Bombay-I - 1995 (11) RLT 39. It was observed that time gap between receipt of the material and date of credit was not of much relevant. 3. We have heard Shri R.K. Roy, learned JDR for the Revenue. ....