2002 (4) TMI 434

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....nt. Shri T.K. Kar, SDR, for the Respondent. [Order]. -  After dispensing with the condition of pre-deposit of penalty amount of Rs. 26,814/- (Rupees twenty-six thousand eight hundred fourteen) I take up the appeal itself with the consent of both the sides. The said penalty has been imposed upon the appellant on the ground that they have taken the Modvat credit on the basis of the fak....

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.... effect by the lower authorities. They had availed the credit on the basis of the invoices issued by the said dealer, which invoice was also produced before the Superintendent and was defaced by him. It is only as a result of investigations they came to know about the fake nature of the invoice. In these circumstances penalty should not have been imposed upon the appellant. Ld. Advocate also relie....