2005 (9) TMI 494

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....ocate, for the Respondent. [Order per : S.L. Peeran, Member (J)]. - Both the Revenue and the assessee are aggrieved with the O.I.A. No. 23/2002-C.E., dated 31-1-2002. By the impugned order, the Commissioner (Appeals) has noted that the Capital Goods had not been utilized for manufacture of final products and hence, they were not entitled to avail the Modvat credit. He has also upheld the lower a....

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....ase of BHEL v. CCE, Bangalore - 2002 (50) RLT 208 (CEGAT-Bang.) wherein it has been held that Modvat credit cannot be denied in respect of inputs still lying in the factory, though they have been written off in the books of account. He points out that this citation refers to earlier ruling of the Tribunal rendered in the case of Oswal Agro Mills Ltd. - 1992 (60) E.L.T. 479 (T). He submits that ava....