1997 (4) TMI 140

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..... [Order per : G.R. Sharma, Member (T)]. Shri S.L. Sethi, learned Advocate appearing for the applicants prays for dispensation of predeposit of duty of Rs. 4,76,653.26 and the penalty of Rs. 2.20 lakhs. The learned Counsel submits that the major issue for decision in this appeal is whether the delay of one or three days in taking Modvat credit before filing the declaration is condonable and .....

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..... erefore submits that in so far as taking of Modvat credit is concerned the same is fully covered by the decision contained in the clarificatory circular of the Central Board of Excise and Customs referred to above. 2. On the question of goods being capital goods or otherwise the learned Counsel submits that the applicants filed Chartered Engineer s certificate giving clear description, brand nam .....

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..... nd identifying particulars should be furnished. He submits that this requirement has not been complied with. The learned SDR therefore prays that the stay petition may be rejected. 4. Heard the submissions of both sides. In so far as furnishing of declaration and taking of Modvat credit is concerned we find that the issue is fully covered by the circular of the Central Board of Excise and Custom .....

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