2004 (4) TMI 422

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..... DR, for the Respondent. [Order]. These stay applications arise in 5 appeals filed against a common order of the Commissioner (Appeals). Modvat credits totalling to Rs. 5,35,296/- have been disallowed to the appellants in respect of Light Diesel Oil (L.D.O.) and Furnace Oil (F.O.) supplied by a refinery of the Indian Oil Corporation Ltd. (IOC) during the period November, 1998 to June, 200 .....

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..... nsel also relies on the Tribunal s decision in National Organic Chemical Indus. Ltd. v. CC (Import), Mumbai [2000 (126) E.L.T. 1072 (Tribunal)], wherein a quantity difference of about 1% was condoned in respect of another mineral oil viz. Naphtha. Counsel submits that the decision in NOCIL s case was affirmed by the Apex Court [2002 (142) E.L.T. A280 (S.C.)]. 3. The DR opposes the present applic .....

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..... the Counsel is one issued more than three decades ago by the Board. It is common man s knowledge that mineral oil specifications have changed over this period. The Circular, therefore, cannot be of any aid to the applicants in the instant case. The applicants have not made out a strong prima facie case, though they appear to have an arguable case. No financial hardships have been pleaded by them. .....

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