1997 (11) TMI 312

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....istant, for the Respondent. [Order]. - The issue in the appeal relates to the benefit of the Modvat credit in respect of machines which are used in the manufacture of cotton yarn falling under Tariff Heading 52.02. The machines were received by the respondents during the period from April, 1994 to October, 1994, before the issue of Notification 60/94, dated 21-10-1994 under which the Tariff ....

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....re received was not available, subsequently, these machines cannot be taken into reckoning for Modvat purposes when a particular item under which the goods which were produced by these machines came to be notified. He has pleaded, therefore, the learned lower authority's order allowing Modvat credit in respect of the machines received prior to 21-10-1994 is not sustainable. He has pleaded that the....

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....made by both the sides. It is observed that the goods have been held to be marketable by the learned lower authority. The appellants have not filed any cross appeal against this finding. This finding, therefore, have become final. The issue, therefore, has to be considered is whether the machines in which certain excisable goods can be taken to be as eligible capital goods for Modvat purposes. The....