2005 (8) TMI 454

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....H. Shaikh, JDR, for the Respondent. [Order]. - This appeal is directed against the Order-in-Appeal bearing No. 31/MV/2002, dated 19-2-2002 by which the learned Commissioner (Appeals) has held the finding contained in the order of the lower adjudicating authority and disallowed their appeal. 2. Appearing on behalf of the appellants, learned Counsel Shri D.D. Gwalani submits that since....

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....bmits that appellants have taken Modvat credit on cylindrical cork floats from the beginning and that this input will be used in the manufacture of exempted final product because this particular item that is "TEM-3" was exclusively meant for Indian Navy and a certificate which is normally obtained from Deputy Secretary, Ministry of Defence is merely a procedural formality. Therefore, they should b....

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.... records and have heard both sides. The appellants have used the input 'cylindrical cork float' exclusively in the manufacture of exempted final product which was supplied exclusively to Navy, therefore, they cannot be allowed Modvat credit in view of the bar of Rule 57C ibid, because duty paid goods was used in the manufacture of finished excisable goods which was exempted under Notification No. ....