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    <title>2009 (4) TMI 63 - HIMACHAL PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=33300</link>
    <description>Fresh Modvat credit cannot be claimed on returned axle-shafts that are only refurbished or reprocessed unless the process amounts to a fresh manufacture involving new material or a complete restart of manufacture. Goods already subject to Modvat credit do not attract a second credit merely because they are repaired or reworked. The factual question whether the refurbished goods had undergone such a qualifying process, and whether full duty had been paid on them, required examination by the fact-finding authority; the Tribunal&#039;s unreasoned order was set aside and the matter remanded for reconsideration.</description>
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    <pubDate>Wed, 08 Apr 2009 00:00:00 +0530</pubDate>
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      <title>2009 (4) TMI 63 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=33300</link>
      <description>Fresh Modvat credit cannot be claimed on returned axle-shafts that are only refurbished or reprocessed unless the process amounts to a fresh manufacture involving new material or a complete restart of manufacture. Goods already subject to Modvat credit do not attract a second credit merely because they are repaired or reworked. The factual question whether the refurbished goods had undergone such a qualifying process, and whether full duty had been paid on them, required examination by the fact-finding authority; the Tribunal&#039;s unreasoned order was set aside and the matter remanded for reconsideration.</description>
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      <pubDate>Wed, 08 Apr 2009 00:00:00 +0530</pubDate>
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