2005 (6) TMI 408

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....his appeal of the Revenue is against an order of the Commissioner (Appeals) allowing Modvat credit of CVD of Rs. 2,98,157/- to the respondents. The respondents had imported certain capital goods for their 'caustic soda fusion plant'. The imported goods was cleared under Bill of Entry dated 19-5-1998 which was assessed to a total CVD of Rs. 6,21,070/-. Out of this amount, the importer paid Rs. 2,98....

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....61 (Tri.-Chennai), the assessee was entitled to the benefit of Modvat credit in respect of the entire CVD (Rs. 6,21,070/-). Hence the present appeal of the Revenue. 2.In the Memorandum of Appeal, the Revenue has stated that the Tribunal's decision in Polyhose India (supra) is the subject-matter of a reference application filed by the department in the Madras High Court. With reference to this gro....

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....fter considering the submissions carefully, I am unable to accept the arguments put forward by ld. Counsel inasmuch as such arguments have been taken care of in the Larger Bench decision. In Essar Steels (supra), the Larger Bench examined Para 7.41 of the relevant EXIM Policy as well the provisions of Notification No. 34/97-Cus. and held beyond any shadow of doubt that when an importer paid duty o....