2003 (10) TMI 555

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....y, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. -  The issue involved in this appeal filed by M/s. The Dhar Textile Mills Ltd., is whether the payment of Additional Duties of Excise can be made out of the MODVAT Credit of the Basic Excise duty paid on the capital goods and inputs. 2. We heard Shri B.L. Narasimhan, learned Advocate for the appellants and Shri D.N. C....

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....e goods used as inputs in or in relation to the manufacture of the final product. This notification does not refer to the credit of duty paid on capital goods. In absence of any restriction on the use of specified duty, Revenue cannot claim that the credit of Basic Excise duty, paid on capital goods, cannot be utilised for payment of Additional Excise duty. We also do not agree with the findings o....