TaxTMI 
TaxTMI 
2003 (7) TMI 375
X X X X Extracts X X X X
X X X X Extracts X X X X
...., for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The appellant was engaged in the manufacture of textured polyester yarn. The benefit of the exemption contained in notification 1/93 which was earlier not applicable to such yarn was extended to it with effect from 25th April, 1994 onwards by issue of notification 90/94 which amended notification 1/93. Textured yarn was not i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on contained in sub-clause (i) of clause (a) on its understanding that since it is availing of proforma credit, it would be covered by this clause. The notice issued to the appellant proposed to deny the exemption on the clearance made between 25th May and 30th May, 1994 on the ground that it was not availing of Modvat credit under Rule 56A and that the proforma credit that it availed of was under....
X X X X Extracts X X X X
X X X X Extracts X X X X
....vailable. The departmental representative contends that proforma credit and Modvat credit are different and one cannot be equated with the other. As to the alternative contention of the appellant, he points out that it is now being raised for the first time and was not raised before the adjudicating authority or the Commissioner (Appeals). 3. We do not consider it necessary to examine the co....