2004 (6) TMI 522

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....e Appellant. Shri A. Jayachandran, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  We have two applications before us, one seeking waiver of pre deposit and stay of recovery in respect of the duty and penalty amounts involved in this case and the other praying for early disposal of the former. As we are taking up the first application for final disposal, the second....

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....s cleared at Customs. Ld. Consultant seeks to strengthen the appellant's case by relying on the following decisions : 1.      P.K.P.N. Spinning Mills Ltd. v. CCE, 1997 (89) E.L.T. 588 (T) 2.      CCE v. Bombay Dyeing & Mfg. Co. Ltd., 1998 (97) E.L.T. 101 (T) In the first of the cited cases, Modvat credit on a certain quantity of input lost....

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....in the factory of production of final product was available to the manufacturer as Modvat credit. In the case of East Coast Steel Ltd. (supra), Modvat credit was denied of the duty payable on certain quantity of steel scrap which was not received in the factory on account of transit loss. 3. In his rejoinder, Ld. Consultant seeks to distinguish the Larger Bench decision in East Coast Steel....