2009 (2) TMI 596

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....te, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - Respondents herein availed MODVAT credit on inputs lying in stock as on 1-4-2000 on the strength of delivery challan issued to the same unit for captive consumption. The adjudicating authority disallowed credit of Rs. 4,35,190/- and imposed penalty of Rs. 20,000/-; the Commissioner (Appeals) extended the benefit of cred....

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....ly by the manufacturer of the final products from the factory of the manufacturer of the said inputs under the cover of an invoice declaring that the appropriate duty of excise has been paid on such inputs under the provisions of section 3A of the said Act. (5) The provisions of this notification shall not apply to inputs where the manufacturer of the said inputs has not declared the invoice....