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2004 (6) TMI 522

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..... ondent. [Order per : P.G. Chacko, Member (J)]. We have two applications before us, one seeking waiver of pre deposit and stay of recovery in respect of the duty and penalty amounts involved in this case and the other praying for early disposal of the former. As we are taking up the first application for final disposal, the second is infructuous. 2. The lower authorities have denied Cen .....

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..... llant s case by relying on the following decisions : 1. P.K.P.N. Spinning Mills Ltd. v. CCE, 1997 (89) E.L.T. 588 (T) 2. CCE v. Bombay Dyeing Mfg. Co. Ltd., 1998 (97) E.L.T. 101 (T) In the first of the cited cases, Modvat credit on a certain quantity of input lost in transit was allowed under Rule 57A. In the second case, Modvat credit on a differential quantity of input was simi .....

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..... the duty payable on certain quantity of steel scrap which was not received in the factory on account of transit loss. 3. In his rejoinder, Ld. Consultant seeks to distinguish the Larger Bench decision in East Coast Steel (supra) by submitting that, in that case, it was conceded by the party that they were willing to pay duty on the inputs which had not been received in their factory. The Consul .....

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