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    <title>2021 (11) TMI 699 - CALCUTTA HIGH COURT</title>
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    <description>Plastic waste and scrap emerging during manufacture of BOPP films from duty-paid polypropylene granules were treated as a by-product, not a final product, so MODVAT credit could not be denied or reversed merely because the waste arose in processing. The earlier view relied on held that inputs do not become non-duty-paid simply because credit has been taken, and that the relevant exemption and waste-removal provisions did not support the Revenue&#039;s demand. The Tribunal&#039;s approach was sustained, and the issue was answered against the Revenue and in favour of the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=414918</link>
      <description>Plastic waste and scrap emerging during manufacture of BOPP films from duty-paid polypropylene granules were treated as a by-product, not a final product, so MODVAT credit could not be denied or reversed merely because the waste arose in processing. The earlier view relied on held that inputs do not become non-duty-paid simply because credit has been taken, and that the relevant exemption and waste-removal provisions did not support the Revenue&#039;s demand. The Tribunal&#039;s approach was sustained, and the issue was answered against the Revenue and in favour of the assessee.</description>
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