2003 (12) TMI 495

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....per : Gowri Shankar, Member (T)]. - Appeal taken up for disposal after waiving deposit. 2. The appeal is against the order of the Commissioner (Appeals) dismissing the appeal before him for failure to deposit about half the duty demanded. 3. The notice issued to the appellant demanded duty on two counts. The first related to Modvat credit taken as duty paid on inputs that the appella....

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....g for reversal of credit. The Commissioner (Appeals)' stay order is silent as to the applicability of the ratio of the decision which was raised before him. We are therefore of the view that this amount of duty should have been waived since there were three decisions of the Tribunal in the assessee's favour. 4. The remaining amount of Rs. 1.98 lakh represents duty payable on the yarn that th....