2009 (3) TMI 844

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.... Shri M. Saravanan, Consultant, for the Respondent. [Order per : Jyoti Balasundaram, Vice-President]. - The Revenue is aggrieved by the order of the Commissioner (Appeals) who has extended the Modvat credit of Rs. 1,83,452/- to the assessees, for the reason that part of the amount held to be available as credit covers invoices bearing the endorsement "Non-Modvat" and for the reason that in....

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.... we find that the assessees have satisfactorily explained the reasons for the invoices bearing endorsement "Non-Modvat" namely that they were claiming benefit of exemption notification and, therefore, they could not simultaneously claim Modvat credit. The very same invoices showed that duty has been paid on the inputs and there is not further dispute that such inputs were not utilized in the manuf....