1994 (12) TMI 165

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Advocate, for the Appellants. Shri Sanjeev Sachdeva, SDR, for the Respondent. [Order per : K. Sankararaman, Member (T)]. -  Shri R. Nambirajan, learned Advocate for the petitioners M/s. Super Cassettes Industries Ltd. states that the demand had arisen on account of disallowance of MODVAT Credit taken by them on their inputs which were being utilised by them in the first instance fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... was that it was declared as inputs whereas they had utilised the credit for payment of duty on such shells which therefore became identifiable as final products. He referred to the stay order granted by this Bench in the case of M/s. S.R.F. Ltd. v. CCE, Jaipur, vide Stay Order No. S/198/94-NRB which in turn had relied upon SRB judgment in Indian Aluminium reported in 1992 (59) E.L.T. 168. There w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ch had not been declared by them. He tried to distinguish the cases stated by the learned advocate. 3. We have considered the arguments made before us. The matter is an arguable one. One decision is in respect of the stay application (M/s. S.R.F. Ltd.) while the Indian Aluminium case is a final order. We find that the argument of the learned Departmental Representative that the credit is not ad....