2002 (6) TMI 413

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..... peal taken up for disposal, after waiving deposit. 2. The order of the Commissioner (Appeals) confirmed the liability of the appellant to deposit totalling Rs. 2,65,380/- demanded as Modvat credit on three counts and penalty of Rs. 20,000/-. 3. The counsel for the appellant states that the appeal is limited to the demand for Modvat credit of Rs. 1,51,547/- and the penalty. He states that the c .....

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..... ccount are not being maintained. 5. The show cause notice does allege that the inputs in question had not been utilised in finished product. There is however nothing cited in the notice in respect of this tentative conclusion. None of the statements of three officials which were recorded in the course of investigation accepted that this was the case. All of them only say that there was a failure .....

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