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2005 (4) TMI 440

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..... rder per : T. Anjaneyulu, Member (J)]. This is an application under Section 35F of the Central Excise Act, 1944 for wavier of pre-deposit amount and to stay its recovery, filed by the appellants. 2.The appellants are engaged in the manufacture of Talcum Powder of various types falling under Chapter sub-heading 33.04 of the Central Excise Tariff Act, 1985. They are availing Modvat credit f .....

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..... ted labels, which are exempted and attract Nil rate of duty. Show Cause Notice was issued to recover the Modvat credit amounting to Rs. 55,11,141/- and imposed a penalty under Section 11AC. 5.The issue involved in the present case is whether Cenvat credit taken on Shrink Sleeves used in the manufacture of final product is deniable on the ground that such input being printed plastic film labels p .....

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