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2005 (6) TMI 12

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....in-appeal passed by the Commissioner (Appeals) whereby the demand of Rs.34,694/- is confirmed. After denying the Modvat credit in respect of capital goods which were treated as 'obsolete'in the record of the appellant. A penalty of equal amount was also imposed under Section 11AC of the Central Excise Act. 3. The contention of the appellant is that the credit was taken in respect of the capital....