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2007 (7) TMI 491
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.... Shri Y.D. Banga, SDR, for the Respondent. [Order]. - This appeal is directed against the Order-in-Appeal Nos. AT/239 & 240/RGD/2006, dated 31-3-2006/8-5-2006. 2. Considered the submissions made by both sides and perused the records. 3. The issue involved in this case is regarding the denial of Modvat credit on the inputs, which were sent out by the appellant to be us....
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....s) has relied upon the decision of the Hon'ble Supreme Court in the case of C.C.E., Jaipur v. J.K. Udaipur Udyog. - 2004 (171) E.L.T. 289 (S.C.) to deny the Modvat/Cenvat credit to the appellants. This very case was doubted by the Hon'ble Supreme Court in Jaypee Rewa Cement v. C.C.E., Raipur and the matter was referred to the Larger Bench. The three judges Bench of the Hon'ble Supreme Court in the....
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.... the light of this judgment." 5. From the above reproduced portion of the judgment of the three Member Bench of the Hon'ble Supreme Court in the case of Vikram Cement, it is very clear that the decision of the Hon'ble Supreme Court in the case of J.K. Udaipur Udyog Ltd., has been set aside, as not a good law. Hence, reliance placed by the ld. Commissioner (Appeals) on the said law is incor....