2004 (12) TMI 586

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....ri S. Bhatnagar, JDR, for the Respondent. [Order]. - The appellant is engaged in the conversion of liquid Argon into Argon Gas and Argon mixture. Duty demand has been made in the present case on the ground that, during such conversion, there was a loss of 12673 M3 involving Central Excise duty of over Rs. 91,000/-. The Revenue has held that the lost quantity of liquid Argons cannot be treate....

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.... (80) E.L.T. 429 holding that quantity wasted is not eligible for Modvat credit.  3.There is merit in the appellants' submission that certain amount of loss of input is inevitable in circumstances like the appellant's. Material so lost has also to be treated as input used in the manufacture of the final product. The credit taken is not liable to be reversed or duty demanded. This position ....