1993 (7) TMI 176

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....the Appellants. Shri V.K. Sharma, SDR, for the Respondents. [Order per : S.K. Bhatnagar, Vice President]. -  These are appeals against the order of Collector (Appeals), New Delhi. 2. The learned Counsel has stated that the main issue relates to interpretation of MODVAT Rule 57F (3) which provides, inter alia, that the credit could be allowed in respect of any inputs utilised in th....

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.... conductors. 4. The appellants, on or about 4-4-1989 had made the declaration under Rule 57G of the Rules in which it was declared that aluminium/copper winding wire and conductors, all falling under Heading No. 85.44 would be the final product of the appellant and inputs in respect of the said final product would be various items of aluminium and copper mentioned in the said declaration. 5.....

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....d that in view of the subsequent orders passed by the Assistant Collector, the present appeal is now confined to the issue regarding correct interpretation of the Rules and no consequential relief in the form of amount mentioned would be required to be granted. The learned D.R. reiterated Department's viewpoint and emphasized that under MODVAT scheme specified inputs are required to be declared wi....

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.... payment of duty on the same final products which are manufactured by non-duty paid inputs whether procured under Chapter X procedure or otherwise exempt under any Notification. Moreover there is no one to one correlation of inputs and final product under the MODVAT scheme for utilisation of credit. It has, therefore, been decided by the Board that the excess credit accumulated if any can be utili....