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1994 (9) TMI 156 - AT - Central Excise
The appeal was filed against an order by the Additional Collector disallowing Modvat credit on electron guns. The appellants received and returned electron guns, taking Modvat credit based on endorsements on gate passes. The Additional Collector demanded duty and imposed a penalty for lack of permission under Rule 57F(2). The appellants provided proof of correlation between the goods and original duty payment. The Tribunal found evidence of correlation and set aside the order, allowing the appeal.
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