2010 (10) TMI 123

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..... e were followed by the Respondent Department - bank guarantee for 25% of the value of the dump trucks, in addition to execution of B-11 Bond – Appeal is dismissed - 23285 of 2010 - - - Dated:- 7-10-2010 - V.V.S. Rao and Ramesh Ranganathan, JJ. REPRESENTED BY : Shri Jagan Mohan Reddy, for the Petitioner. Shri Rajashekar Reddy, Sr. SC for CBEC, for the Respondent. [Order p .....

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..... rs. The petitioner then made a representation on 26-8-2010 requesting that the bank guarantee amount be reduced. By communication dated 31-8-2010, the 3rd respondent declined to do so. Thereafter, the 3rd respondent initiated action under Section 11AB and 11AC of the Central Excise Act, 1944, and issued notice dated 13-9-2010 requiring the petitioner to show cause as to why Cenvat Credit, availed .....

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..... larly availed and utilized are liable for confiscation under Rule 15 of Cenvat Credit Rules, 2004 and therefore the same were seized on 20-8-2010. The issuance of show cause notice does not precede the effecting of seizure but follows the said act of seizure when such goods are liable for confiscation. The show cause notice was issued to the assessee vide O.R.No. 12/2010-Hyd-III Adjn dated 13-9-20 .....

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