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    <title>2004 (9) TMI 255 - CESTAT, NEW DELHI</title>
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    <description>Notification No. 3/2001-C.E. was unavailable where Modvat credit had been taken on inputs used to make tungsten filament, and that filament formed an integral part of the vacuum gas filled bulbs; inputs used in an intermediate product that is inseparably used in the final exempt goods were treated as used in relation to their manufacture, so the notification condition barring prior credit was breached and the duty demand was upheld. Penalty, however, was not sustained because the exemption claim had been disclosed in the classification declaration and the dispute concerned entitlement to the notification rather than proven penal misconduct.</description>
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    <pubDate>Wed, 15 Sep 2004 00:00:00 +0530</pubDate>
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      <title>2004 (9) TMI 255 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=53507</link>
      <description>Notification No. 3/2001-C.E. was unavailable where Modvat credit had been taken on inputs used to make tungsten filament, and that filament formed an integral part of the vacuum gas filled bulbs; inputs used in an intermediate product that is inseparably used in the final exempt goods were treated as used in relation to their manufacture, so the notification condition barring prior credit was breached and the duty demand was upheld. Penalty, however, was not sustained because the exemption claim had been disclosed in the classification declaration and the dispute concerned entitlement to the notification rather than proven penal misconduct.</description>
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      <pubDate>Wed, 15 Sep 2004 00:00:00 +0530</pubDate>
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