2005 (6) TMI 399

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ri N.V.B. Nair, JDR, for the Respondent. [Order]. - I dispose of all the three appeals together, inasmuch as the issue is common. 2.I find that the Modvat credit availed by the appellants has been restricted to 10% in terms of the provisions of Notification No. 5/94-C.E. (N.T.), which restricts the Modvat credit to 10% in respect of the "Paraffin Wax". However, it is the appellant's contention....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... (N.T.), dated 1-3-94 restricts the credit only in respect of the specified item, paraffin wax being one of them, it cannot be said that such restriction also covers heavy normal paraffin. As such, I am of the view that the restriction of credit to the tune of 10% of the duty paid is not justified. The authorities below have also observed that the appellant was not an importer himself, inasmuch as....