2005 (3) TMI 191

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....llants although date of hearing for today was noted by the advocate of the appellants and date was fixed on his own request. Since none has appeared for the appellants, therefore, I am taking up the case for decision on merits. 2. Appellants are manufacturing and clearing hydrogen and nitrogen gases. Appellants have claimed that they are including the value of the cylinders in the assessable valu....

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....ained his earlier order. 3. Shri P.M. Rao, learned JDR appearing for the Revenue pleaded that the Modvat credit is admissible when cost of the cylinders is included in the assessable value of the gas. Since the appellants have failed to establish with any evidence that the value of cylinders is added in the assessable value of nitrogen gas, the credit was rightly denied to them by the lower autho....