1997 (7) TMI 402

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.... Roy, JDR, for the Respondent. [Order per : P.C. Jain, Member (T)]. -  Briefly stated the facts of the case are as follows : 1.1 The appellant-Company herein is a manufacturer of various chemicals. For this purpose, they bring several inputs. In their declaration, they had mentioned Sulphuric Acid as an input for their final product. But they did not mention "Oleum" as the input....

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....ence there is nothing wrong in taking the Modvat credit on "Oleum". They had been submitting the copies of RG 23A Part I & II Accounts along with monthly RT 12 returns, wherein it had been clearly mentioned inter alia, that they had also taken the Modvat credit on the aforesaid input namely "Oleum". In these circumstances, learned Advocate submits that taking of Modvat credit is not at all a wrong....

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....the input, "Oleum" and therefore, the demand on merits is sustainable. 5. On the point of limitation, learned JDR submits as pointed out by the Commissioner, that right from July 1987, the assessee had been contending before the Superintendent of Central Excise Range, that "Oleum" and "Fuming Sulphuric Acid" - are one and the same thing and yet the appellant-Company did not file any declar....

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....dit has been made available to the assessees. In the present case, we observe that the Heading of "Oleum" and "Sulphuric Acid" is the same. Fuming Sulphuric Acid, broadly speaking, will cover the description "Oleum" also. Merely because "Oleum" has been separately mentioned in Tariff Heading 2807.00, it does not mean that it is not a variety of Sulphuric Acid known by the Trade name, "Fuming Sulph....