1998 (4) TMI 342

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....DR, for the Appellant. Shri G.L. Deshpande, Advocate, for the Respondent. [Order per : K.S. Venkataramani, Vice President]. -  These are two appeals filed by the Commissioner of Central Excise, Nagpur against two orders of the Commissioner of Central Excise (Appeals), Indore captioned above. 2. We have heard Shri K.L. Ramteke, the ld. DR and Shri G.L. Deshpande, the learned C....

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....entitled to Modvat credit under Rule 57A. Therefore the Commissioner's (Appeals) order calls for no interference. 3. The other input material is Nitrogen Gas which was held to be inadmissible for Modvat credit by the Assistant Commissioner because it was being used to maintain inert atmosphere in the reactor in chlorine dioxide manufacturing process and as such the Assistant Commissioner h....

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.... for captive consumption on nil rate of duty the Department's case is that the Modvat credit on Nitrogen which is used in making the chlorine di-oxide is inadmissible. This is in terms of Rule 57C of the Modvat rules which bars Modvat credit where the final product is exempt from duty. However, on this aspect also the matter stands settled by the Tribunal decision in Indian Aluminium Company - 199....