2003 (10) TMI 555

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.... the Appellant. Shri D.N. Choudhary, 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 ....

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.... Modvat credit of the duty paid on excisable 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 dut....