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2007 (6) TMI 363

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...., SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we are of the view that the appeal itself can be finally disposed of at this stage. Accordingly, after dispensing with pre-deposit, we take up the appeal. 2. The appellants are engaged in the manufacture of cotton yarn, polyester cotton yarn, polyester blended yarn etc. ....

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....made in November 2004. The appellants also took credit of this duty in their Cenvat account. Later on, the department issued show-cause notice dated 23-2-2006 asking the party to pay an amount of Rs. 12,09,545/- equivalent to the above Cenvat credit. The notice also demanded interest on the amount under Section 11AB of the Central Excise Act r/w Rule 14 of the Cenvat Credit Rules. It also proposed....

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....ation No. 43/2001 ibid was paid, the appellants are at liberty to utilize the goods in their normal activity, for which no law stipulated any requirement of prior permission from the department. Payment of the above duty with cess under Rule 6 of the relevant rules is an admitted fact. Upon such payment, the appellants became entitled to take Cenvat credit and accordingly they took the credit. The....