2003 (5) TMI 518

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....espondent ORDER Per Jeet Ram Kait : For the purpose of hearing this appeal, appellants are required to pre-deposit a sum of ₹ 1,27,507/- towards modvat credit wrongly availed by the assessee under Rule 571 of Central Excise Rules, 1944 and a penalty of ₹ 13,000/- imposed under Rule 173Q ibid. 2. Since the issue lies in a narrow compass, we take up both appeal and the stay applica....

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....eriod whereas they have issued the SCN on 21.12.2000 which is beyond the period of six months and is time barred. He further submitted that there is no allegation that modvat credit has been wrongly availed by them. Taking of modvat credit suo moto is permitted by law and has been rightly taken by them. 5. Ld. DR Shri A. Jayachandran submits that what they have paid and debited from the modvat cr....