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1996 (4) TMI 200

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....t. C.D.R., for the Respondents. [Order]. - In this appeal filed by M/s. Aqueous Vietuals Limited, Bareilly the point for consideration is availment of Modvat Credit in respect of Polythene film. The appellants had claimed that this Polythene film is eligible for Modvat Credit under Rule 57A of the Central Excise Rules, 1944 as it was a packing material. The Assistant Collector of Central Exc....

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....He also referred to the Trade Notice with regard to the Modvat Credit on Nitrogen and Carbon Di-Oxide Gases. 3. The learned Jt. C.D.R. replied that the polythene film were used after  the goods have been manufactured and entered in the RG-I Register. They were not used for packing of the excisable goods at the time of entry in the RG-I Register and were for transport of take away packs. He....

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....ting materials in respect of which any exemption to the extent of the duty of excise payable on the value of packaging materials is being availed of for packaging any final products and the packaging materials the cost of which is not included or had not been included during the preceding financial year in the assessable value of the final products under Section 4 of the Act are not materials cove....

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.... put on the take away tray. The packing material will be of such a nature for the purpose of Rule 57A as to be within the purview of the Central Excise Law. In this case, the sample shown by the learned C.A. amply demonstrate that the polythene film was used only to cover the 12 bottles take away pack for easy transport. The Assistant 7. Collector, Central Excise had observed that the good....