2005 (6) TMI 460

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.... Shri Bipin Verma, JDR, for the Respondent. [Order]. - In this appeal, the appellants have contested the correctness of the impugned order confirming the demand of Rs. 3,34,723/- and penalty of Rs. 46,368/-. I have heard both the sides. The duty demand has been confirmed against the appellants on the ground of having wrongly availed Modvat credit in respect of the inputs utilised by them in....

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....sanctioned to them by the competent authority. The rebate claim for the period in dispute, i.e. March, 2003, had been already sanctioned to them. Therefore, they are only liable to reverse the entry in their RG-23A Part-II. This amount cannot be recovered by the Revenue, as a duty on the ground that there was a wrongful availment of the credit by the appellants. The ld. Counsel has stated that ent....