1997 (3) TMI 192

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....Willingdon Christian, Advocate with Mayur Shroff, Advocate, for the Respondent. [Order per : K.S. Venkataramani, Member (T)]. - The issue in this case relates to availment of deemed Modvat credit under Rule 57G(2). The Asstt. Commissioner denied the Modvat credit on certain items of input holding that deemed credit on these inputs cannot be granted because they were purchased from dealers of....

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....ull exemption. The basic criteria to be adopted in such a situation for denying the deemed Modvat credit on the ground that the inputs are clearly recognisable as non-duty paid have been laid down in the Larger Bench of the Tribunal in the case of Machine Builders v. Collector of Central Excise - 1996 (83) E.L.T. 576 (Tribunal) which has been followed by the Tribunal in the case of Man Industries ....

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.... physical verification of the nature of the scrap on which deemed credit is claimed in detail may have to be carried out. The ld. counsel for the respondents also tells us that they have submitted to the Asstt. Commissioner during adjudication proceedings all the relevant documents under which the inputs in question have been purchased by them and that therefore such a verification is possible sin....