1996 (2) TMI 228

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....ondent. [Order]. - This appeal is against the order of the Collector of Central Excise, Kochi. Under the impugned order, the appellants have been denied the benefit of MODVAT Credit of additional excise duty paid on the goods at the time of clearance of the goods through customs and the MODVAT Credit has been restricted to the duty actually payable in terms of Notification 177/86 dated 1-3-1....

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....e 57A is incorrect. 2.  The learned Counsel for the appellants pleaded that in terms of Rule 57A, the appellants are entitled to take MODVAT Credit equivalent to the duty as reflected in the duty paying documents under which the goods were received by them. He pleaded that the duty paid to the Customs authorities was on assessment by them and there was no provision in law to restrict the c....

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....oods used in or in relation to the manufacture of the specified finished product and the Notification 177/86 issued in this regard sets out that MODVAT Credit will be allowed in respect of certain duties paid on the inputs so long as the assessee is able to establish that input in respect of which MODVAT Credit claimed is specified under Notification 177/86 and subject to compliance with the other....