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2003 (8) TMI 457

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..... r]. In both these appeals, the Revenue has questioned the validity of the impugned order-in-appeal vide which the Commissioner (Appeal) has reversed the order-in-original and allowed the Modvat credit @ 15% adv. The only issue involved in the present appeals is, as to whether the respondents were entitled to claim the credit @ 15% adv. or @ 10% ad valorem under Notification No. 5/94-C.E. (N. .....

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..... lowing credit only @ 10% adv. on the price of the inputs received by an assessee/manufacturer, expired on 28-2-1999. The respondents received the inputs in question after that date and in the invoices issued by the IOC while clearing the goods, the rate was also mentioned as 15% adv. Therefore, the respondents having discharged the duty at that rate while receiving the inputs, had been rightly all .....

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