1997 (11) TMI 312

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..... he appeal relates to the benefit of the Modvat credit in respect of machines which are used in the manufacture of cotton yarn falling under Tariff Heading 52.02. The machines were received by the respondents during the period from April, 1994 to October, 1994, before the issue of Notification 60/94, dated 21-10-1994 under which the Tariff Heading 52.02 as the notified finished product came to be i .....

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..... ken into reckoning for Modvat purposes when a particular item under which the goods which were produced by these machines came to be notified. He has pleaded, therefore, the learned lower authority s order allowing Modvat credit in respect of the machines received prior to 21-10-1994 is not sustainable. He has pleaded that the goods were found to be marketable and the Modvat eligibility has to be .....

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..... e by the learned lower authority. The appellants have not filed any cross appeal against this finding. This finding, therefore, have become final. The issue, therefore, has to be considered is whether the machines in which certain excisable goods can be taken to be as eligible capital goods for Modvat purposes. The admitted position is that the goods as produced on these machines fall under Tariff .....

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