2007 (5) TMI 416

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....ondent. [Order]. - This is a Department appeal against the order of the Commissioner (Appeals) No. RS/51/SRT-II/2006 dated 31-1-2006. 2. Heard both sides. 3. The respondent company filed a declaration dated 7-4-2003 of stocks of grey fabrics lying at the Unit as on 31-3-2003, declaring a stock of 7,75,768 L.mts. valued to Rs. 1,75,25,765/- and took Cenvat credit of Rs. 15,11,96 (sic....

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....d. DR submits that the judgment in the case of M/s. Machino Montell (I) Ltd. has been overruled by the Hon'ble Punjab & Haryana High Court [2006 (202) E.L.T. 398 (P&H)]. 5. I have carefully considered the submissions from both sides. There is no dispute that the credit has been wrongly taken by the respondent. There is no allegation that the respondent furnished any incorrect quantity or inc....