1997 (4) TMI 279

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..... espondent. [Order per : T.P. Nambiar, Member (J)]. This is a reference application filed by the Department praying that the following question of law be referred to the Hon ble High Court for decision in the matter : Whether the CEGAT is correct in extending the benefits of Modvat credit of duty paid on inputs used in the manufacture by M/s. Lakshmi Saraswathi Textiles (Arni) Limited .....

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..... the submissions of both the sides. In this case filing of the declaration could not arise in view of the fact that the respondent was of the understanding that duty was not payable. The respondent is now called upon to pay the duty at a later date. Therefore, in the impugned order the Tribunal has merely held that subject to the verification of the duty paid character of the inputs, the Modvat cr .....

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