2005 (5) TMI 144

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....Member (J)]. - Duty of approximately Rs. 19.90 lakhs has been confirmed against the appellants along with imposition of personal penalty of identical amount under the provisions of Section 11AC of the Act, by denying them the benefit of Notification No. 4/97-C.E., dated 1-3-1997, as amended. 2. Serial No. 116A of the said notification extends concessional rate of duty in respect of various fabr....

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....it and is not concerned with the utilisation of the same. As such, as soon as the appellants made the credit entries in their Modvat accounts they became disentitled to the benefit of the notification. 3. The appellant's contention on the other hand is that they initially availed the credit and the same was subsequently reversed by them, which had the effect as if no credit was availed. For the....

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....e records only. The Hon'ble Madras High Court in the case of R.A. Mani v. Palanimuthu Pillai, reported in AIR 1967 Madras 16 (V54C7) has observed in para 6 that the word "avail" is stated to mean that "to take advantage or utilise". A person can be said to have availed himself of something only if he had taken advantage or profited by that thing or utilised it to his benefit. Expression used in th....