2002 (4) TMI 406

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..... [Order per : P.S. Bajaj, Member (J)]. Through the present application, the appellants have sought restoration of their appeal which was dismissed vide Final Order No. A/879/2001/NB (D), dated 20-7-2001. 2. The learned Counsel has contended that since the order was passed ex parte, the same deserves to be recalled and the appeal should be restored to its original number. He has placed much .....

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..... contended that since the Modvat credit has been reversed by the appellants, no penalty could be imposed on them. But this contention is not liable to be accepted for the simple reason that they illegally availed Modvat credit of Rs. 34,60,907/-, whereas the penalty imposed on them by the lower authority was Rs. 3,00,000/- only. The same was upheld by the Tribunal through the impugned order as it w .....

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