2003 (10) TMI 588

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....stav, JDR, for the Respondent. [Order]. -  Heard both sides. 2. The appellants appeal is directed against the demand of Rs. 7,98,698/-. 3. The demand arose on account of dispute relating to Modvat credit taken against certain invoices in respect of which the Central Excise Authorities had raised certain objection. In the synopsis provided during the hearing, the learned ....

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....t of delayed filing of the declaration is not justified in terms of Larger Bench judgment of the Tribunal in the case of Kamakhya Steels (Supra). So far as the disallowance of claim for credit of Rs. 20,200/- on Spinnerete is concerned, it is stated in the show cause notices that, the payment is in respect of labour charge for procuring said Spinnerettes. The appellants deny this allegation. The a....

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....user factory. 4. So far as, the denial of credit in respect of (1) credit taken on commercial invoices (Amounting to Rs. 1736/-), (2) invoices not in the name of the appellants (amounting to Rs. 2843/-) (3) credit taken twice (Rs. 3,10,041/-) and (4) the excess credit taken (Rs. 1,081/-), these have not been pressed during the hearing. Hence these are to be rejected as being unsubstantiate....

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....sp;  The Modvat claim to the extent of Rs. 7,37,576/-, disallowed by the lower authorities on the ground of late declaration or non-declaration, is permitted, (b)      Claims in respect of Modvat credit taken on commercial invoice (Rs. 1,736/-) and on the basis of invoices not being in their name (Rs. 2,843/-) are rejected. (c)     &nbsp....