2004 (7) TMI 532

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....None, for the Respondent. [Order per : P.S. Bajaj, Member (J)]. -  In this appeal, which has been filed by the Revenue against the impugned Order-in-Appeal dated 25-9-2003 passed by the Commissioner (Appeals), the issue relates to the denial of the benefit of Notification No. 5/98-C.E., dated 2-6-98, as amended, providing concessional duty for Dyed Textured Yarn produced out of duty pai....

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..... 5. From the record, we find that the respondents are engaged in the manufacture of Synthetic Filament Textured Yarn. They availed Modvat credit on the duty paid on the raw material i.e. Filament Yarn and cleared the Synthetic Filament Textured Yarn on payment of duty. They are also engaged in the manufacture of Dyed Textured Yarn. But admittedly, they did not take any credit on the duty-....

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....ts have actually been used in the manufacture of such other final product, if the said inputs have been received and used in the factory of production on or after the first date of March, 1997. Therefore, the respondents having not availed the Modvat credit used in the manufacture of Dyed Textured Yarn, could pay the duty at the concessional rate from the Modvat Account taken by them on the Filame....