1995 (7) TMI 152

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....llant. Shri Murugandi, DR, for the Respondent. [Order per : S. Kalyanam, Vice President]. - COD applications. For the reasons stated in the petitions, the technical delay in filing the appeal is condoned. 2. The Stay petition has been filed for waiver of pre-deposit of a duty of Rs. 1,00,053/- levied under the original order of the AC Tanjore dated 7-7-1994 and duly confirmed in a....

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....round that the petitioner has availed Modvat Credit in respect of the branded goods i.e. NUTRINE. The learned Counsel assailed the correctness of this view and urged that admittedly the petitioner did not avail of the benefit of Modvat Credit in respect of their own brand of goods and in this context the learned Counsel relied upon the clarification issued by the Board vide F. No. 263/32/88-CX-8, ....

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.... home consumption. It has been suggested that small scale units should be permitted to avail the credit of duty paid on inputs utilised for manufacture of goods exported under bond even though such small scale units are availing full exemption from duty under Notification No. 175/86 on clearances for home consumption. It has been further suggested that the said credit can either be allowed to be u....

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....nt of duty, such credit cannot be denied. Proviso to Rule 57F(3) provides that credit of duty paid on inputs used in the final product cleared for export under bond shall be allowed to be used towards the payment of duty on similar final products cleared for home consumption on payment of duty and where for any reason such adjustment is not possible, the credit can be refunded to the manufacturers....