2004 (2) TMI 618

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...., for the Respondent. [Order]. - Examined the records and heard SDR. The appellants have waived their right to be personally heard. 2. The appeal is against denial, by the lower appellate authority, of Modvat credit of Rs. 17,206.80 on capital goods under Rule 57Q for the month of May, 1997. In the memorandum of appeal itself, the appellants have conceded that the requisite informati....

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....hat, under Rule 57Q, Modvat credit was admissible only in respect of those capital goods which were used in the factory of production of final products. The requirement of intimation of receipt of capital goods in the factory under sub-rule (4) of Rule 57T is significant in this context. I am impressed with this argument. Insofar as inputs are concerned, one of the substantive requirements is util....