9911796707
TMI Blog2010 (4) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. [Order per : Mehinder Singh Sullar, J.]. - The barely needed facts, relevant for disposal of present reference-petition at the instance of the revenue, are that the respondent-assessee M/s. Metro Tyres (for brevity "the assessee") was engaged in the manufacture of Moped and Cycle chains. The Moped chains were exported under bond without payment of duty and Cycle chains were exempted fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue claimed that the duty ought to have been paid through PLA as the final product i.e. Cycle chain was exempted from duty and as such, no credit was available, in respect of manufacture of the same. Accordingly, a demand was raised in this regard, for the relevant period, to which the assessee tried to explain that it has rightly and legally claimed the Modvat credit. 4. The explanation put fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the processing of inputs on which no credit was allowed/admissible as per Rule 57-C of Central Excise Rules, 1944 because of their use in the manufacture of exempted final product?" 6. We have heard the learned counsel for the parties and have gone through the record with their valuable help. 7. It is not a matter of dispute that utilization of the credit on the inputs used for manufacture o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of inputs used in the manufacture of dutiable goods exported under bond without payment of duty can be utilized towards the payment of duty on the waste arising out of the processing of inputs on which no credit was allowed/admissible. In that eventuality, the assessee was entitled to avail the Modvat credit, in the obtaining circumstances of the case. 9. In the light of the aforesaid r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
