TMI Blog2010 (1) TMI 595X X X X Extracts X X X X X X X X Extracts X X X X ..... d imposed the penalty - Held that: - once the declaration filed by the respondent was found correct and the Modvat credit was granted to the respondent, then the same could not be revoked on the basis of the audit report - there was no suppression of facts - Appeal is dismissed - 43 of 2006 - - - Dated:- 29-1-2010 - Ashutosh Mohunta and Mehinder Singh Sullar, JJ. REPRESENTED BY : Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im of Modvat credit of the respondent was cleared by the department. However, the adjudicating authority, on the basis of audit report, disallowed the Modvat credit and imposed the penalty. The appeal filed by the respondent was dismissed. 3. The Tribunal came to the conclusion that once the declaration filed by the respondent was found correct and the Modvat credit was granted to the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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