1997 (12) TMI 504

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....spondent. [Order per : V.P. Gulati, Vice President]. -  The issue in the appeal relates to the leviability of duty on the diesel generator sets brought into existence in the appellants factory. 2. The learned Advocate for the appellants fairly concedes that the issue is covered against the assessee by a number of decisions of the Tribunal, wherein, it is held that the diesel generato....

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....se of Dai Ichi Karkaria reported in 1996 (81) E.L.T. 676. He has pleaded, the Tribunal has held that the element of the duty which has been taken as Modvat credit is not required to be reckoned towards the cost element for arriving at the assessable value under Rule 6 (b) of the Valuation Rules. 3. Heard the learned JDR for the department. 4. We observe that inasmuch as the duty liabil....