2005 (5) TMI 511

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..... ard. There is no ground to stay the operation of the impugned order, therefore, stay application of the revenue is rejected. 2.In my view the appeal of the revenue itself can be disposed of at this stage, as the controversy involved therein lies in narrow campus. 3.In this appeal which has been preferred by the revenue against the impugned order-in-appeal, the issue relates to denial of the fu .....

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..... the respondents had availed the credit. Even if it is accepted for the sake of arguments, that duty payable was only at the rate of 16%, still the revenue, in my view, cannot legally debar the respondents from taking the credit at the rate at which the duty has been actually discharged. The revenue accepted the duty as paid at the time of clearance of the goods and so far that excess amount of dut .....

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