2001 (11) TMI 873

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....espondent. [Order]. - The appellants took deemed credit in terms of the Order Nos. 342/1/88-TRU, dated 1-6-1990 and 12-7-1990. The orders contained a clause that where any inputs were clearly recognisable as being non-duty paid or had availed exemption from duty or were chargeable to nil rate of duty such credit could not be taken. On a study of the invoices under which the deemed credit was....

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.... notification could not be termed to be non-duty paid unless the Revenue proved satisfaction of the conditions of the given case. 4. The issue as to the eligibility to the deemed Modvat credit was finally settled by the Larger Bench judgment of the Tribunal in the case of Machine Builders, 1996 (83) E.L.T. 576. In paragraph 23 of the said judgment it was held that where the exemption notif....