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2002 (8) TMI 533

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..... ay application dated 13-6-2002 the applicants have prayed that the condition of pre-deposit of duty and penalty may be dispensed with and the recovery thereof be stayed till the decision of the appeal. 2 Shri K.K. Anand, learned Advocate, has appeared on behalf of the applicants he submitted that the duty involved in this case is Rs. 1,85,627.76. The period involved is April, 94. The dispute re .....

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..... name has been subsequently inserted are of two manufacturers. The invoices of M/s. Grasim Industries Ltd. were in the name of M/s. Raymond Woollen Mills which endorsed the same to the assessee. The assessee on noticing that their name is not mentioned in the said invoice got their name inserted therein. Such insertion is not against the spirit of law as held by the Hon ble Tribunal in a number of .....

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..... ifferent than the name of M/s. Raymond Woollen Mills Ltd. He, therefore, submitted that this clearly violates the legal provisions and the authorities disallowed Modvat credit. 4. After hearing the rival submissions and perusal of the records I direct the applicant to deposit the sum of Rs, 80,000/- towards duty amount by 15-9-2000 and on such deposit, the balance amount of duty shall be waived .....

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