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2001 (9) TMI 1037

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....ant. Shri B.B. Sarkar, DR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. -  On hearing both the sides on the stay application, we find that the main appeal itself could be taken up for disposal. Both sides agreeing, this was done, after granting waiver of pre-deposit of duty confirmed and penalty imposed as prayed for. 2. M/s. Geekay Exim (India) Ltd. the prese....

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....t the representative of the licence holder had admitted that both the supporting manufacturers had availed of Modvat credit but did not produce any documentary evidence regarding reversal thereof. His specific finding reads as under :- "I find that the licencee's representative admitted that both of the supporting manufacturers availed Modvat but could not produce any documentary evidence regar....

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....l. 4. Shri Kantawala, ld. Counsel during the course of the hearing had submitted that no such admission was made by the representative of the appellants before the Commissioner. On the instruction of the Bench, the case record was obtained. The record maintained by the Commissioner indicated that such admission was made. Shri Kantawala, thereafter, submits that the show cause notice having....