2003 (1) TMI 581

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..... Shri Arun Chopra, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. Appeal taken up for disposal with the consent of both sides, after waiving deposit. 2. The appeal is against the order of the Commissioner (Appeals) confirming a penalty imposed upon the appellant for the reason that it incorrectly utilised Modvat credit of the amount paid under the Additional Duties of .....

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..... t this was not a permissible course of action. 5. The penalty has been imposed under Rule 173Q and it is clause (BB) of sub-rule (1) of this rule, relating to Modvat credit, that would apply. This rule renders liable to penalty any person who takes credit wrongly or without taking reasonable steps to ensure that appropriate duty has been paid on the goods. The appropriate duty in this case was t .....

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