2002 (2) TMI 1175

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....ri A.K. Pandit, JDR, for the Respondent. [Order]. -  After dispensing with the condition of predeposit of penalty, I take up the appeal itself, with the consent of both sides. 2.  An amount of Rs. 22,290.17 (Rupees twenty-two thousand two hundred ninety and paise seventeen) availed by the appellant company as Modvat credit, has been disallowed to them on the ground that the same....

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....n by them in their declaration, should not be made the basis for denying them the benefit of Modvat credit. 3.  A part of the Modvat credit has been disallowed on the ground that whereas the description of the inputs in the invoices is 'Ferropead Plus' falling under 8311.00 of the CETA '85, the appellants have declared the inputs as 'Electrode' falling under heading 8311.00. The appellants....

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....hat the appellants have declared the Electrode classifiable under heading 8311.00, in their declaration. The description in the invoice is 'Ferropead Plus' and the same are classified under heading 8311.00. The appellants' contention is that the same being Electrodes are described under their brand name in the invoice. The above contention has not been rebutted by the authorities below. As such, I....