2004 (12) TMI 467

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....r the Appellant. Shri Vikas Kumar, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  This is an application by M/s. Hindalco Industries Ltd. for waiver of pre-deposit of Central Excise duty of Rs. 18,88,869.88 and equal amount of penalty. 2. Shri A.R. Madhav Rao, learned Advocate submitted that the demand has been confirmed against them on the ground that th....

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....e Tribunal that Modvat credit is available when the weight of inputs in receipt is not substantially different from the weight of inputs actually received. 3. Opposing the prayer Shri Vikas Kumar, learned Senior Departmental Representative submitted that Modvat credit of the duty is available only in respect of inputs which are actually received by the Appellants and are used in or in rela....