2000 (9) TMI 495

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....ant. Shri V.K. Chaturvedi, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J). -  Briefly stated the facts of the case are as follows : - The appellant is a composite mill having facilities of spinning, weaving and processing. They are using their own manufactured yarn indigenously purchased duty paid yarn and imported duty paid yarn in their factory. Apart from weav....

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....arn and the grey fabric as inputs and final product were issued. The Notification No. 24/94 was issued under the provision of Rule 57A(1) whereas Notification No. 29/96-C.E. (N.T.) was issued under the provision of Rule 57A(2), as it stood at the relevant time. The appellant availed the Modvat credit of duty actually paid on the yarn and as evidenced by the duty paying documents. 5. They w....

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....appellant fulfilled all the conditions to avail the benefit of the Modvat credit of duty actually paid on the inputs in terms of Rule 57A(1) of 1944 Rules read with Notification No. 24/94-C.E. (N.T.) and they cannot be compelled to avail the deemed Modvat credit at the rate prescribed under Notification No. 29/96-C.E. We fully agree with the contention of the ld. Advocate that Rule 57A(2) only ext....

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....uld be eligible for credit of duty paid on various inputs on actual basis. In fact if the intention would have been to restrict the Modvat credit in respect of yarn used in the manufacture of grey fabrics only at the rates specified in Notification No. 29/95 on deemed basis, the yarn and the grey fabrics would not have got place in Notification No. 24/94 as amended by Notification No. 30/96 on 3-9....