1997 (2) TMI 334

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..... pondents. [Order]. - Briefly stated, facts of the case are as follows : 1.1 The appellant took Modvat credit of Rs. 7,282/- (basic) + nil (S.E.D) in respect of 9102 kgs of M.G. White poster paper without making any entry to that effect in R.G. 23A (Part I) account. They also took Modvat credit in respect of 1000 kgs of L.D.P.E., another input prior to receipt of inputs in the factory. This .....

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..... re, the show cause notice is within time of six months. 1.3 The appellant did not succeed before the lower appellate authority. Hence this appeal before the Tribunal. 2.1 Main plea of the appellant is of limitation as aforesaid. 3.1 On the other hand, ld. SDR, Shri K.K. Biswas submits that the department cannot come to know of any wrong Modvat credit unless R.T. 12 return is furn .....

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..... pression as latter one was used in Section 11A. Limitation has to be construed strictly, because on expiry of limitation, a right vests in the other party and because there is no discretion with an adjudicating/appellate authority to relax the limitation under Rule 57-I on sufficient cause being shown. 4.2 Other plea taken by the ld. SDR is that it has been held in a number of cases by the T .....

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