2002 (4) TMI 406

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....ri Mewa Singh, SDR, for the Respondent. [Order per : P.S. Bajaj, Member (J)]. - Through the present application, the appellants have sought restoration of their appeal which was dismissed vide Final Order No. A/879/2001/NB (D), dated 20-7-2001. 2. The learned Counsel has contended that since the order was passed ex parte, the same deserves to be recalled and the appeal should be rest....

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.....P.B. Scheme. 3. The learned Counsel has only contended that since the Modvat credit has been reversed by the appellants, no penalty could be imposed on them. But this contention is not liable to be accepted for the simple reason that they illegally availed Modvat credit of Rs. 34,60,907/-, whereas the penalty imposed on them by the lower authority was Rs. 3,00,000/- only. The same was uph....