2000 (4) TMI 569

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..... re me the appellants challenges the finding given by the Collector (Appeals) which denied the Modvat credit. In paragraph 4 of the impugned order, the Collector has held as follows : I have considered all the aspects of the case. In the instant case, the respondents have raised Modvat credit of duty paid on their finished products cleared earlier and subsequently returned to the factory for rep .....

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..... isation towards payment of duty on the finished product. Thus, for availment or credit there must be a process of manufacture. Not all processes carried out amount to manufacture. The term manufacture encompasses only those processes carried out on inputs which result in the emergence of a new and distinct finished product, distinguishable from the inputs going into its production. This is not the .....

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..... the relevant rules for averting such double payment. The Modvat channel cannot be utilised for this purpose . 2. I have gone through the same. Facts disclosed and the finding given by the Collector (Appeals) are absolutely logical and correct. The same have not been controverted in the grounds of appeal by any cogent evidence by the appellants. It has been rightly held by the Commissioner of Cu .....

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