2000 (3) TMI 736

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..... l against Order-in-Appeal No. 14/38, dated 23-2-1998 wherein Nitrogen Gas Generator has been allowed for availing Modvat credit as capital goods to the respondents upsetting the order-in-original. 2. Briefly, the issue concerns whether this Nitrogen Gas Generator would qualify for availing of credit as the Nitrogen so generated is used captively in the manufacture of the final products which are .....

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..... , it is an undisputed fact that the entire quantity of nitrogen produced is captively consumed for the manufacture of refractory bricks etc. which is their final product declared to the department. Therefore, the nitrogen gas qualifies as a intermediary product in the manufacturing process of their final products, and hence provision of Rule 57R(2) are clearly applicable as has been held by ld. Co .....

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