2008 (4) TMI 758

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..... After dispensing with the condition of pre-deposit of duty, I proceed to decide the appeal itself, in as much as a short issue is involved. 2. Proceedings were initiated against the appellant for denial of modvat credit of duty availed by them on the basis of bill of entry, which was in the name of their loan licencee M/s Zydus Pharmaceuticals, on the ground that the said bill of entry is no .....

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..... hat the same stand duly endorsed in favour of the appellant. As such, the findings of the Commissioner (Appeals) are factually incorrect. I also note that in terms of Hon ble Mumbai High Court s decision in case of Marmagoa Steel Ltd. Vs. UOI, as reported in 2005 (192) ELT 82 (Bom.), where the goods were duty paid and were received and used in the assessee s factory and where the importer has not .....

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