1998 (7) TMI 337

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....ellant. [Order]. -  This is an appeal filed by M/s. Vinod Elastics, Avanashi against the Order-in-Original No. 32/96, dated 8-2-1996 passed by the Assistant Commissioner of Central Excise, Erode. The facts of the case are that the appellants are manufacturing narrow woven Elastic tapes falling under Heading 58.06. They are also availing credit of duty under Rule 57A of the Central Excis....

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.... taking the credit. The application for the condonation of delay was filed only on 7-12-1995. By the above impugned order the lower authority disallowed the credit of Rs. 1,39,250/- and also imposed a penalty of Rs. 2,000/-. 2. In the grounds of appeal the appellants submitted that they received the goods in question directly from the dealer under proper Central Excise documents. The deale....

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.... yarn and the assessee had only received the dyed yarn under the cover of the Dealer's invoices and the dyed yarn was exempt under Notification No. 35/95-C.E., dated 16-3-1995. Therefore, the question of availement of credit on the basis of dealers invoice for the exempted dyed yarn for the duty paid on the grey yarn did not arise and was not permissible in terms of the proviso to Rule 57G(2). Thi....