1999 (5) TMI 309

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....s. [Order]. - This is a Revenue appeal against the Order-in-Appeal No. 15/97 dated 27-1-1997 wherein the learned Collector (Appeals) disallowed the proportionate Modvat credit @ 2.5% per quarter in respect of capital goods received and used up to 21-10-1994 and has allowed the balance credited to be restored. The machinery involved is speed frame. 2. Heard Shri S. Kannan, DR who subm....

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....over. He submits that after carding/combing, the resultant product is sliver. This sliver is thereafter fed into the speed frame (Simplex machine) and is given some twists. The resultant product is sliver of simplex bobbins which is different from the normal carded/combed sliver which does not have any twists at all. The learned Consultant submits that in some cases lower count yarn of 2s can be m....

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....atter to the original authority for de novo consideration in the case of Vijayalakshmi Mills Ltd. where Order-in-Original was passed by the Assistant Collector, Coimbatore, vide his Order-in-Original No. 47/96, dated 22-4-1996. The same view was taken by the Tribunal in the case of C.C.E. v. Pongalur Pioneer Textiles (P) Ltd. vide Final Order No. 531/99, dated 8-3-1999 in Appeal No. E/1058/97 [200....