2002 (9) TMI 483

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....espondent. [Order]. - Two show cause notices dated 31-7-95 and 29-1-97 were issued to the appellants proposing recovery of irregularly availed notional credit amounting to Rs. 34,401.00 (Rupees thirty-four thousand four hundred and one) during the period from January, 1991 to September, 1991 and of Rs. 14,307.00 (Rupees fourteen thousand three hundred and seven) during the period from February,....

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....es not disentitle an assessee to take additional credit, if later it is found that the credit earlier taken was short. It has been held in the said case that the right conferred on the assessees to avail the credit under Rule 57A and Rule 57B cannot be taken away so long as the assessees satisfy all other criteria for eligibility of Modvat credit. The appellants have also challenged the demand on ....

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....ng the show cause notices has simply observed - "................The noticee suppressed the material fact of such availment of differential higher notional credit at a later date illegally with an intent to evade duty and also contravened the provision of Rule 57B of Central Excise Rules. Therefore, the extended period of limitation is invoked". The above observation of the Deputy Commissioner n....