2005 (4) TMI 440

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.... Shri R.B. Pardeshi, JDR, for the Respondent. [Order per : T. Anjaneyulu, Member (J)]. -  This is an application under Section 35F of the Central Excise Act, 1944 for wavier of pre-deposit amount and to stay its recovery, filed by the appellants.  2.The appellants are engaged in the manufacture of Talcum Powder of various types falling under Chapter sub-heading 33.04 of the Cen....

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....The assessee has wrongly availed Modvat/Cenvat credit on the printed labels, which are exempted and attract Nil rate of duty. Show Cause Notice was issued to recover the Modvat credit amounting to Rs. 55,11,141/- and imposed a penalty under Section 11AC. 5.The issue involved in the present case is whether Cenvat credit taken on Shrink Sleeves used in the manufacture of final product is deniable....