Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether Modvat credit on inputs could be denied on the ground that the declaration did not specifically disclose the intermediate plastic containers and that the goods were sent to job workers without permission.
Analysis: The declaration under Rule 57G disclosed the inputs and the final product as detergent paper, while the plastic containers emerged only at an intermediate stage. The record showed that the inputs sent for job work were received back and that the final product was cleared on payment of duty. In view of the earlier authorities treating such containers as intermediate products and permitting credit where duty is paid on the final products, the omission urged by the Revenue did not justify denial of credit.
Conclusion: Modvat credit could not be denied, and the Revenue's appeal was without merit.
Ratio Decidendi: Where inputs are used in the manufacture of a duty-paid final product and the disputed article is only an intermediate product, Modvat credit cannot be denied merely because the intermediate stage was not separately disclosed or job-work clearance was not separately objected to when the inputs were duly accounted for and returned.