2004 (3) TMI 185

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..... on is allowed unconditionally. 2. In my view, the appeal itself can be disposed of. In this appeal which has been filed by the appellants against the impugned order-in-appeal, the issue relates to the denial of Modvat credit to the appellants on the old (used) texturising machines purchased by them from M/s. Deviyani Tex-Chem. Pvt. Ltd. 3. I have heard both sides and gone through the record. .....

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..... y mentioned in that letter that since they had used the machines for three years, the excise duty @ 30% is to be availed and 70% excise duty has to be reversed in PLA. They gave the calculations in that letter and worked out the excise duty payable as Rs. 10,13,518/-. This letter was accepted by the Department without any objection. On the basis of this calculation of the excise duty, the appellan .....

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