1997 (9) TMI 215

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..... pplication, the applicant is seeking waiver of pre-deposit of Rs. 60,339.12 and penalty amount of Rs. 25,000/-. Initially by show cause notice, the department had intended to deny the Modvat credit of Rs. 3,97,168.76. However, the Assistant Commissioner allowed the Modvat credit of Rs. 2,33,970.76 in respect of Challans appearing at Sl. Nos. 4 to 7 of Annexure A to the show cause notice and disall .....

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..... ied by a certificate issued by Tata Iron Steel Co. in favour of the appellants. The delivery note has addressed to the appellants name G.T. Road, Jalandhar, while the word cantt has not mentioned for that simple reason both the authorities disallowed the credit doubting the authenticity of the documents and has also imposed the penalty. 2. The learned Advocate submits that there are no two .....

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..... is material is description of the goods, payment of duty and other particulars and about its receipt and about the item being eligible for Modvat credit in terms of declaration. There has been no questions raised on these aspects. Even the ground given in the findings is not one on which the show cause notice is based. In that view of the matter, the appellants have made out a prima facie case for .....

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