1995 (8) TMI 174

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..... whether the worn out brass valves which have been considered as scrap by M/s. Hindustan Petroleum Corporation Ltd. (HPCL) and supplied to the appellants are eligible for deemed MODVAT Credit in terms of Rule 57G(2) of the Central Excise Rules, 1944. 3. The learned Counsel for the appellants pleaded that these valves are fitted on to the cylinders in which gas is supplied by HPCL to their custom .....

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..... rder of the learned lower appellate authority. 5. I observe that there is a lot of force in the plea of the learned DR that scrap as emerged in the hands of HCPL were cleared without payment of duty as scrap and therefore, the question of taking MODVAT Credit would not arise. The provisions of Rule 57G make it clear that where the goods are recognisable as non-duty paid, MODVAT Credit could not .....

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