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2005 (2) TMI 694

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..... and in the present case is in respect of modvated inputs cleared by the appellant after payment of duty. The appellant discharges duty at the rate applicable on the inputs and assessed them on ad valorem basis at the sale price. The Deputy Commissioner in his adjudication order held that this is not sufficient and the appellant should pay an amount equal to the credit availed on those inputs. When .....

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..... te applicable to such goods on the date of such removal and on the value determined for such goods under Section 4 or Section 4A of the Act, as the case may be, and such removal shall be made under the cover of an invoice referred to in Rule 7. Therefore, the order passed by the Deputy Commissioner demanding payment of duty equivalent to the credit availed on the inputs cleared is in clear viola .....

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