1999 (3) TMI 251

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....for the Respondents. [Order]. -  This is an appeal filed by the appellants against the decision of the Commissioner (Appeals), Calcutta made in Order-in-Appeal No. 128/Cal-III/98, dated 21-9-1998. By the impugned Order he has held that there was no dispute regarding shortage of Modvatable inputs as held by the Assistant Commissioner and admitted by the appellants. Therefore appellants w....

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....ng etc. Therefore once there is a duty paying documents the Modvat credit cannot be denied. As against this ld. DR submits that if the inputs are never used in the manufacture of final products how could there be any Modvat credit. The declared final product should be made by usage of the input in the manufacture of such a final product. That is the theory of Modvat scheme. 3. I have consi....

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....s used in or in relation to the manufacture of final product. It is an admitted fact that the input has been evaporated due to volatile nature of the input itself. And it is being stored from 1978 onwards. May be so. 5.   However, the theory of Modvat is that declared input must be used in or in relation to the manufacture of the declared final product. Resorting to Rule 57D in this case, ....