2008 (9) TMI 826

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....lant. Shri J.P. Khaitan, Sr. Advocate, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - Heard both sides. We find that the lower appellate authority has come to the conclusion that the respondents have correctly availed the credit on the parts which were used in the motor vehicles. He observed as follows : "4.11............The adjudicating authority has been unab....

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....hat amount of credit remained in the account only without accompanying inputs. On the basis of factual position that emerged from the above discussion, it is clear that the inputs (components/parts) in respect of which credit was availed of, were not returned to the manufacturers as such without using the same in the manufacture of the vehicles. Thus the adjudicating authority erred in holding tha....