9911796707
TMI Blog2010 (4) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... e manufacture of cycle chains became dutiable at the relevant time. Since the Moped chains were being exported without payment of duty, the Modvat credit availed, in respect of inputs got accumulated. Held that- questioned answered in favour of assesee. - 4 of 2000 - - - Dated:- 26-4-2010 - Ashutosh Mohunta and Mehinder Singh Sullar, JJ. Shri Gurpreet Singh, Sr. Standing Counsel, for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Admittedly, the scrap generated during the manufacture of cycle chains became dutiable at the relevant time. Since the Moped chains were being exported without payment of duty, the Modvat credit availed, in respect of inputs got accumulated. In the wake of clearance of scrap generated during the manufacture of Moped as well as Cycle chains, the assessee paid duty partly through PLA and partly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .L.T. 396 (Tri.-Del.)]. 5. The revenue did not feel satisfied with the impugned order of the Tribunal. Having completed all the codal formalities, ultimately, the Tribunal referred the following question of law for adjudication by this Court :- "Whether the Modvat credit accumulated in respect of inputs used in the manufacture of dutiable goods exported under bond without payment of duty can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of duty on the waste, if any, arising in the course of manufacture of final product. No rule/law has been pointed out by the learned counsel for the revenue to disentitle the assessee from the benefit of Modvat credit, under the present set of circumstances. 8. Admittedly, the assessee fulfills all other conditions/qualifications to avail the Modvat credit under the relevant rules. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
