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    <title>2014 (6) TMI 757 - ALLAHABAD HIGH COURT</title>
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    <description>Defective finished goods returned to a manufacturer may qualify as inputs for Modvat credit under Rule 57-A when they are used, in the assessee&#039;s hands, as raw material in or in relation to the manufacture of a new excisable final product. The relevant process of redrawing, reducing thickness, softening and smoothing was treated as manufacture under Section 2(f) of the Central Excise Act, 1944, and duty was paid on the resulting product. The separate refund mechanism under Rule 173L did not bar Modvat credit where the substantive conditions of Rule 57-A were satisfied, so non-claim of refund did not defeat the credit.</description>
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      <link>https://www.taxtmi.com/caselaws?id=248853</link>
      <description>Defective finished goods returned to a manufacturer may qualify as inputs for Modvat credit under Rule 57-A when they are used, in the assessee&#039;s hands, as raw material in or in relation to the manufacture of a new excisable final product. The relevant process of redrawing, reducing thickness, softening and smoothing was treated as manufacture under Section 2(f) of the Central Excise Act, 1944, and duty was paid on the resulting product. The separate refund mechanism under Rule 173L did not bar Modvat credit where the substantive conditions of Rule 57-A were satisfied, so non-claim of refund did not defeat the credit.</description>
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