2008 (12) TMI 571

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....or the Appellant. None, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. -  The respondents who are manufacturers of dumpers and parts thereof and loaders, excavators, crawlers etc. availed Modvat credit on inputs. Show-cause notice dated 4-7-1994 raising duty demand of Rs. 1,74,74,880/- in respect of Modvat inputs cleared as such at higher price but expunging cr....

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.... Department. Consequent to the stay order the assessee filed a claim for refund of Rs. 10,39,008/- on 4-3-1997 on the ground that they had paid Rs. 20,39,008/- and since only Rs. 10,00,000/- was directed to be adjusted out of this amount, the balance amount of Rs. 10,39,008/- was liable to be refunded to them. On verification it was found that the assessee had paid the amount in July 1994 without ....

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....lar dated 2-1-2002. Hence this appeal by the Revenue on the ground that the amount paid cannot be treated as predeposit as it was paid as duty during 1994 i.e. even during the investigation stage and prior to the issue of the show-cause notice, and therefore the claim was barred by limitation. 2. We have heard both sides. We find that the amount deposited as duty prior to the issue of the ....