2007 (6) TMI 78

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....find that the appellants have filed a Miscellaneous Application for rectification of the Stay Order dated 22-5-06. The learned Advocate fairly states that he appeared in that case at the time of hearing of the Stay Petition, but did not plead the ground of limitation while seeking waiver of the pre-deposit. The appellants have stated in the Miscellaneous Application for Rectification of Mistake th....

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.... further, states that the duty paying documents were defaced by the Jurisdictional Officers and after these bricks were put through a process of manufacture, the final products were cleared on payment of appropriate duty. He states that in the process of manufacture, there was a value-addition to the extent of about 10% and hence, the amount of duty paid is more than the amount of credit availed i....

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.... the appellants were not eligible to take any credit at all and by taking credit, they had obtained financial accommodation for a period of time till the goods were cleared on payment of duty, which is not permissible under the law. 5. After hearing both sides and perusal of the records as well as the cited case law, we are of the view that the argument of the learned SDR that the appellants ha....