2003 (9) TMI 684

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....ndent. [Order]. - The brief facts relevant for determining this appeal are :- The appellants were heard in the matter on 15-1-97, wherein they were represented by Shri Rajhans, Consultant and others. The appellants submitted that they had produced CMC Vertical Milling Machine value at Rs. 13,22,100/- and paid Central Excise duty amounting to Rs. 1,32,210/-. The same machine was received i....

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....r 8 months of the receipt, the Modvat credit on the same was denied by the Addl. Commissioner and he also imposed a penalty of Rs. 12,000/-. 2. After hearing both sides and considering the material on record and the valuable assistance volunteered by ld. Counsel Shri Willingdon Christian in bringing out instruction of Board vide Circular No. 199/33/96-CX, dated 23-04-96 to the notice of th....

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....credit within six months from the date of issuance of the documents". Nothing survives in the interpretation and articulation being made by Revenue to deny the benefit of the capital goods credit in the facts of this case. (c)     It is well settled that Revenue would be bound by this circular. In the case of Sameer Glass Ltd., [2001 (136) E.L.T. 238], Surya Prabha Mills Ltd....