1998 (2) TMI 319

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.... for the Respondent. [Order]. - This case was posted for hearing of the stay application. During the hearing, it appeared that the appeal itself could be taken up for disposal at this stage. With the consent of both parties this was done. 2. In the impugned order, Modvat credit amounting to Rs. 3,48,806/- has been denied on the observation that the description of inputs and classific....

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....ved under invoice. As regards scrap I find that the declaration shows waste and scrap of steel and of other alloy steel. The heading given is under 7204.30. The scrap received under invoice from BHEL is classified under 7204.90. In a number of judgments the Tribunal held that mere variation in sub-heading is not sufficient for the denial of Modvat credit. In fact the circular of the Board No. 219/....