1999 (3) TMI 326

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..... ents. [Order per : G.N. Srinivasan, Member (J)]. This is an application for stay of collection of penalty of Rs. 3.00 lakh ordered by the Commissioner of Central Excise, Calcutta-II in his order dated 25-2-1998. 2. Facts appear to be that the applicants/appellants have availed Modvat credit from the sellers who have given the documents without receiving any corresponding input material .....

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..... ies in a narrow compass, by waiving the pre-deposit, with the consent of both sides. 4. The show cause notice has been seen. It was issued on 30-5-1997 for wrong availment of credit availed for the period form 13-8-1994 to 30-9-1995 and it does not state specifically that there has been a fraud, suppression or misdeclaration in a specific way. 5. We have gone through the records of the case an .....

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