2003 (7) TMI 532

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.... for the Respondent. [Order]. - In this appeal, filed by M/s. Hemtex Synthetics Pvt. Ltd. the issue involved is whether MODVAT Credit of the duty paid on Anti-static Oil is available to them. 2.  When the matter was called, no one was present on behalf of the appellants. In fact the notice sent to them has been received back from the Postal Authorities. I, therefore, heard Shri H. Ko....

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....ted in their Memorandum of Appeal that oil used by texturisers is described by different manufacturers differently such as Anti-static Oil/Blended Lubricating Oil/Conning Oil/Mineral Oil; that therefore the Modvat credit of the duty paid on anti-static oil cannot be denied to them as they had already declared Blended Lubricating Oil in their Modvat declaration; that it is settled proposition of la....

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....ed to be contained therein or the manufacturers fails to comply with any other requirements under Sub-Rule (1). The Larger Bench of the Tribunal has interpreted the said Sub-Rule in Kamakhya Steel (P) Ltd. v. C.C.E., Meerut - 2000 (121) E.L.T. 247 (Tribunal - LB) In the said matter the Appellants had not included sponge Iron in their declaration and availed the Modvat credit of the duty paid on sp....

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.... Board of Excise and Customs in Circular No. 441/7/99-CX, dtd. 23-2-1999 that sub-rule (11) has been inserted in Rule 57G so as to empower the Assistant Commissioner to allow credit of duty paid on inputs ignoring minor procedural lapses in filing the declaration or in the invoices. It has further been clarified in the Circular that Assistant Commissioner should ensure that inputs have suffered du....