2001 (5) TMI 689

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....]. - Modvat credit of Rs. 2,89,412.00 (rupees two lac eighty nine thousand four hundred twelve only) has been disallowed by the authorities below in respect of Light Diesel Oil claimed by the appellants in terms of provisions of Rule 57H. 2. Shri S.S. Guha, learned Consultant appearing for the appellants submits that Light Diesel Oil was brought under Modvat Scheme w.e.f. 1-3-1994. They we....

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....any revenue loss inasmuch as they could have reversed the entry and again credited the same on the application being decided in their favour. As such the entire exercise was revenue neutral. He also makes it clear that though the credit was availed by the appellants in their record but the same was not utilised. He refers the Tribunal's decision in the case of Modi Alkalies & Chemicals Ltd. v. C.C....

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....t though taking of credit before the actual permission of the Assistant Commissioner under Rule 57H as they stood at the relevant time, amounts to contravention of the provisions of law but the same is not of such a serious nature so as to deny the benefit of credit to the appellants. As observed by the Tribunal in the case of Modi Alkalies & Chemicals Ltd. relied upon by the appellants, the credi....