2007 (1) TMI 443

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....ana & A. Jaju, Advocates, for the Appellant. Shri Deepak Garg, DR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. -  The matter is before us upon remand by the Hon'ble High Court of Punjab & Haryana. The direction is to reconsider the quantum of penalty. That direction may be read - "In view of order of this Court dated 21-7-2006 I CEA No. 56 of 2005 (Commissioner of C....

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....tipulated that penalty shall be equal to the credit disallowed in the types of cases covered by it. When the matter came up before this Tribunal, it was held that credit had been taken without receiving the inputs in question. Thus, the finding is that this was a clear case of fraud. It is in this view of the factual situation that the denial of Modvat credit was confirmed. However, penalty was re....