2016 (4) TMI 1194

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....for the respondent Per: Ashok Jindal The appellants are in appeals against the impugned order wherein Cenvat Credit availed by the appellants has been denied consequently duty was demanded alongwith interest and various penalty has been imposed on all the appellants. 2. The facts of the case are that appellant procured certain inputs from their Gaziabad Unit on payment of duty. It was observed ....

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....rt this contention the Ld. Counsel relied on the decision of the MDS Switchgear Ltd. Vs. Commr. Of C. Ex., & Cus., Aurangabad, 2001 (132) ELT 405 (Tri-Mum) which has been affirmed by the Apex Court, reported in Commissioner of Central Excise & Customs Vs. MDS Switchgear Ltd, 2008 (229) ELT 485 (SC). On the other hand, Ld. AR reiterated the finding of the impugned order. 4. Heard the parties and c....

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....cepted the appeal by recording the following reasons:- Reason is given by the appellants for the alleged inflation of the value of the intermediate goods are logical. What was required of the Commissioner was to examine the quantum of the loading of the assessable value by the Modvat credit on the earlier inputs. That exercise has nowhere been done. If the department was of the opinion that the v....