2009 (7) TMI 929

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..... an, Member (T) (Oral)]. This is an appeal by the Department against the order of the Commissioner (Appeals) No. 302-CE/APPL/NOIDA/04 dated 30-9-04. 2. Heard the learned SDR and perused record. None appeared for the respondent. 3. There was restriction that the Cenvat earned during a particular fortnight alone can be used towards payment of duty dues for the fortnight. It appears that dur .....

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..... ing defaulted the fortnightly payments of Rs. 9,35,760/-. The department is seeking confirmation of duty and penalty as proposed in the show cause notice dated 27-11-2002. 4. It is not disputed that the party has paid the entire amount of duty payable amounting to Rs. 9,36,760/- along with interest though belatedly. Under these circumstances the concurrent finding of the original authority and C .....

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