2016 (12) TMI 1324

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....dent: Shri A. Mishra, A.R. ORDER Per: Dr. D.M. Misra Heard both sides and perused the records. 2. This appeal is filed against the OIA No. CCEA-SRT-II/SSP-253/u/s 35A(3)(Final Order), dt.29.01.2013, passed by Commissioner (Appeals), C. Ex. & S. Tax, Surat. 3. Briefly stated the facts of the case are that the Appellants availed the benefit of Notification No.203/1992-Cus, dt.10.5.1992 but also....

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....under VABAL scheme. However, as soon as it was brought to their notice, much before issuance of the clarificatory circular in 1997, they paid the entire amount of MODVAT Credit by debiting their PLA account. The interest was also paid, albeit delayed i.e. in 2000. It is his contention that there was no intention whatsoever to avail the wrong MODVAT Credit. Accordingly, the penalty imposed under Ru....