2000 (9) TMI 472

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....i, DR, for the Respondents. [Order]. -  Although, this case was posted for hearing on the stay application, the issue being small, the appeal itself was taken up for final hearing by granting waiver of pre-deposit of duty of Rs. 76,472.08/-. 2. I have heard Shri D.D. Gwalani, Advocate for the appellants and Shri K.M. Patwari, JDR for the department. 3. The appellants ope....

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....nvoice & delivery challan, I find that the same are consigned to M/s. D.C. Metal Corpn. and the reference of delivery challan no. in the invoice & vice-versa are co-relating. This can be taken as substantial evidence that goods have been physically received by the Assessees and hence Modvat credit cannot be denied. The Assessees have accepted the fact that due to lapse on part of their staff they ....

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....duct as this was one of allegations in the show cause notice. It is a statutory requirement that the only receipt of the inputs is not sufficient for availment of Modvat credit but its actual use in the manufacture of the final product, or its use in relation to manufacture of final product is of paramount importance. I would therefore hold that the impugned order of Assistant Commissioner of Cent....