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2008 (8) TMI 364

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....he following substantial question of law :- "Whether in the facts and circumstances of the case, the authorities were right in allowing the credit in respect of inputs whose description was not declared by the party in modvat declaration under Rule 57-G of the Central Excise Rules, 1944?" 2. The facts giving rise to this reference are that the petitioner utilized compacted plastic granules which....

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....rejected the appeal filed by the Revenue. 5. The main ground which weighed with the learned CEGAT while rejecting the appeal was that the goods were purchased by the assessee from M/s.  Flex Industries Ltd., NOIDA, the manufacturer of the plastic granules. The said manufacturer while dispatching the granules to the assessee had classified them as waste and scrap of plastics. This declaration....