2004 (3) TMI 185

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....s and, prima facie, the appellants have a strong case. Therefore, the stay application is allowed unconditionally. 2. In my view, the appeal itself can be disposed of. In this appeal which has been filed by the appellants against the impugned order-in-appeal, the issue relates to the denial of Modvat credit to the appellants on the old (used) texturising machines purchased by them from M/s. Dev....

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....nformed the concerned Asstt. Commissioner about the sale of the goods and also clearly mentioned in that letter that since they had used the machines for three years, the excise duty @ 30% is to be availed and 70% excise duty has to be reversed in PLA. They gave the calculations in that letter and worked out the excise duty payable as Rs. 10,13,518/-. This letter was accepted by the Department wit....