2006 (1) TMI 491

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..... na, JDR, for the Respondent. [Order per : V.K. Jain, Member (T)]. Heard Dr. Samir Chakraborty, ld. Advocate on the stay applications filed by the appellants. He submits that in this case, the Commissioner has disallowed the Modvat credit of Rs. 20,19,114/- out of which they had paid an amount of Rs. 20,15,469/-. The balance amount of Rs. 3,645/- has already been paid by the appellants af .....

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..... ommr. of Central Excise, Vadodara reported in 2004 (174) E.L.T. 339 (Tri.-Mumbai). He also submits that this Tribunal vide its Order No. S-381/Kol/05., dated 1-7-05 in their own case has taken the same view. In view of this, he submits that the appellants be granted stay for the penalty. 2. Heard Shri I. Mariana, ld. JDR for the Revenue. He reiterates the order of the Commissioner and submits th .....

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..... y appellant - Assessee to be put on notice as to exact nature of contravention for which assessee was liable under provisions of Rule 173Q ibid. We find that the prima facie case is in appellants favour. In view of the Hon ble Supreme Court s decision referred to above we grant unconditional stay to the appellants till further orders. (Pronounced in the open Court.) - - TaxTMI - TMITax - .....

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