TMI Blog1994 (12) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... ines have filed this application for Rectification of Mistake in the Final Order No. A/703/93-NRB, dated 18-9-1993 on the ground that the Tribunal had wrongly dismissed the appeal filed by the applicant holding that No doubt the invoices do indicate that inputs are components for Hydro-mechanical Governing Units for Water Turbines and their Spares No. 15.42.1388, dated 2-4-1988 but as seen from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the manufacture of the final products were shown under the Inputs column; that this was the practice being followed by the applicant; that the department had been allowing modvat credit on the basis of similar declarations; that spares for hydro-mechanical governing units have been specifically declared under the heading Components ; that the Tribunal has wrongly held that in the declaration fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... governing units have been indicated. I also observe that there is no indication to conclude as to which inputs are utilised for which final product. On the one side, the applicant has furnished the finished product and on the other side the inputs have been furnished. There are a number of inputs and the inputs have been grouped as castings, forgings, bars and extensions, ball and rubber bearings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the Final Products column and also having regard to the fact that there is no dispute that the invoices etc. show the inputs clearly and the final products, I hold that declaration under Rule 57G has been filed and is appropriate. In this view of the matter, the modvat credit has been wrongly denied. The impugned order is, therefore, set aside and the appeal is allowed. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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