TaxTMI 
TaxTMI 
1999 (4) TMI 275
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....dvocate, for the Respondents. [Order]. - These two appeals filed by the Revenue pertain to the admissibility of Modvat credit on Molybdenum wire. The Commissioner (Appeals) held that Modvat credit will be admissible to the respondents before us. For coming to this conclusion, he had relied on a number of decisions of the Tribunal on the issue. Being aggrieved by this order, the Revenue has f....
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....reported in 1995 (76) E.L.T. 92, 1997 (91) E.L.T. 162 and 1998 (97) E.L.T. 146 and submitted that the ratio of these decisions is squarely applicable to the facts of the case of the assessees. The Commissioner (Appeals) after taking into consideration the case law cited by the assessees set aside the order of the Asst. Commissioner and allowed the appeal of the assessees. 3. Shri Y.R. Kila....
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....be allowed. 4. Shri J.C. Patel, ld. Counsel submits that the department relied only on the decision of M/s. Apar Limited which was considered in the subsequent decision of the Tribunal and was stated to be bad law. He submits that the subsequent decision of the Tribunal clearly held that Molybdenum wire is neither tool nor appliance but is an input and not covered by the excluded category ....
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....ssible on Molybdenum wire, the impugned order may be upheld and the appeal may be rejected. 5. Heard the submissions of both sides. The first issue for determination before me is whether the proceedings in the instant case shall be covered by the decision in the case of Apar Limited or subsequent decisions in the case of M/s. Jai Electric Limited [1995 (76) E.L.T. 92], in the case of Kalpa....