2006 (5) TMI 364

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....ri B.L. Narasimhan, Advocate, for the Respondent. [Order per : T.V. Sairam, Member (T) (for the Bench)]. -  It is the application filed by the revenue which is challenging the order of Commissioner (Appeals) made on 19-12-05. In the impugned order the Commissioner (Appeals) has given the findings as under :- "The appellants have also contended that there is no specific provision in t....

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.... capital goods are used in the manufacture of dutiable goods at that point of time, credit will be available to the manufacturer. If subsequently, the dutiable product becomes exempted product, that would not revive the question of credit admissibility on the capital goods since that stands determined at the time the capital goods are received. The appellants further contended that Rule 6 of the C....

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.... stock of such final product lying with the Respondent obviously contained those inputs on which credit had been utilised by them. Therefore, the Modvat credit taken in respect of such stock has to be reversed or else this would cause unjust enrichment to the Respondent. 4. According to the learned Counsel for the Respondent, appellant is a watch part manufacturing unit. Inputs such as bra....