2006 (9) TMI 52

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..... - Heard both sides and perused the records. 2.The appellants manufacture automobile steering system and supply them to car companies. Parts for manufacture are procured and Modvat credit is taken. During the periods 1999-2000 and 2002-2003, some of the credit taken parts were not put to use in manufacture; but were cleared as such (after repacking) after paying Central Excise duty. The duty a....

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....learned Counsel is that the very issue had come before this Tribunal in the case of Rico Auto Industries Ltd. v. CCE, New Delhi-III reported in 2003 (157) E.L.T. 170 and in many other cases, and the Tribunal has held that the demands are not justified as the input credits taken remained returned in some form or the other. 6.The learned SDR emphasized that the appellant had procured these items ....